HomeMy WebLinkAboutCC 2000-05-11 Minutess
OF.M.IAMI
COMMISSION
MEETING
MINUTES
OF MEETING HELD ON MAY 11, 2000
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
MAY 11, 2000
ITEM NO. SUBJECT LEGISLATION
1. PRESENTATIONS: 5/11/00
(1) EMERGENCY MEDICAL SERVICES WEEK PRESENTATIONS
PRESENTED TO FIRE -RESCUE PERSONNEL. 1-2
(2) CERTIFIED FIRE TRAINING CENTER DAY; FIRE
DEPARTMENT AWARDED "FIRE DEPARTMENT
OF THE YEAR" AWARD.
(3) MALCOLM G. DAVIS - FIREFIGHTER OF 1999
(4) RUBEN VALDEZ - CERTIFICATE OF
APPRECIATION FOR VOLUNTEER SERVICE TO THE
CITY.
2. CONSENT AGENDA 5/11/00
DISCUSSION
3-6
2.1. ACCEPT BID OF SOUTHERN PRECISION ARMORY 5/11/00
FOR PROCUREMENT OF SUBMACHINE GUNS, FOR R-00-375
DEPARTMENT OF POLICE S.W.A.T. TEAM, 6
($14,357.50) ALLOCATE FUNDS.
2.2 ACCEPT BID OF GANCEDO TECHNOLOGIES, INC., 5/11/00
FOR "SIMPSON PARK WATER PUMP ELECTRICAL R-00-376
INSTALLATION, B-6341," ($8,424.88) ALLOCATE 7
FUNDS FROM CIP.
2.3 ACCEPT BID OF SOUTH DADE ELECTRICAL 5/11/00
SUPPLY FOR PROCUREMENT OF STREET LIGHT R-00-377
FIXTURES AND POLES, FOR DEPARTMENT OF 7
GENERAL SERVICES ADMINISTRATION (GSA)
ANNUAL $14,001.50, ALLOCATING FUNDS FROM GSA
PROPERTY MAINTENANCE DIVISION.
• 0
2.4 APPROVE PURCHASE OF SEVEN (7) FALCON
STATIONARY RADAR K -BAND UNITS WITH
TUNING FORK, OPERATOR'S MANUAL AND
LOCKING HARD CASES FROM KUSTOM SIGNALS,
INC., FOR POLICE DEPARTMENT NEIGHBORHOOD
TRAFFIC ENFORCEMENT UNIT, $6,643; ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
2.5 APPROVE PROCUREMENT OF ENTERPRISE
PRINTING MANAGEMENT SOFTWARE, SUPPORT
AND ON-SITE TRAINING, FROM MICROINK, FOR
AN INITIAL COST NOT TO EXCEED $16,605.50, AND
ANNUAL MAINTENANCE SUPPORT IN AN AMOUNT
NOT TO EXCEED $1,930.50, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION GRAPHIC
REPRODUCTIONS DIVISION; ALLOCATING FUNDS
FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, GRAPHIC REPRODUCTIONS
DIVISION, OPERATING BUDGET.
2.6 APPROVE PURCHASE OF UNIFORM BREECHES,
FROM ARGO UNIFORM COMPANY, D/B/A/ GOLD
NUGGET, ANNUAL $10,000 FOR THE DEPARTMENT
OF POLICE; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET.
2.7 AUTHORIZE FUNDING FOR PARKS AND
RECREATION DEPARTMENT SUMMER PROGRAM
FIELD TRIP TO WATER RAPIDS THEME PARK, AND
ALLOCATING FUNDS $5,200, FROM THE FY '99-00
PARKS AND RECREATION DEPARTMENT OPERATING
BUDGET, AND RECREATION ACTIVITY
CONSOLIDATED.
2.8 AUTHORIZE MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR
COMPUTER SOFTWARE TRAINING FROM
SYSTEMS CONSULTANTS INCORPORATED, FOR
THE DEPARTMENT OF FINANCE, ANNUAL $9,500;
ALLOCATING FUNDS FROM THE DEPARTMENT OF
FINANCE.
5/11/00
R-00-378
8
5/11/00
R-00-379
8
5/11/00
R-00-380
9
5/11/00
R-00-381
9
5/11/00
R-00-382
10
2.9 CLASSIFY SURPLUS CELLULAR TELEPHONES USED
BY THE MIAMI POLICE DEPARTMENT, AS
CATEGORY "A" SURPLUS STOCK; DONATING SAME
TO THE SAFESPACE SHELTER OF MIAMI-DADE
COUNTY, INC. AN ORGANIZATION, WHICH
DISTRIBUTES CELLULAR TELEPHONES TO VICTIMS
OF DOMESTIC VIOLENCE IN EMERGENCY.
2.10 AUTHORIZE ALLOCATION OF FUNDS IN THE
AMOUNT OF $5,375 FROM THE 25TH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR REHABILITATION OF FOUR (4)
BUSINESSES LOCATED IN FLAGAMI AREA;
DESIGNATING THE SMALL BUSINESS OPPORTUNITY
CENTER, INC., ("SBOC") AS ORGANIZATION
ADMINISTERING PROGRAM AND TO DISBURSE
FUNDS TO PARTICIPANTS.
3. (A) APPROVE, CONFIRM MANAGER'S FINDING OF
SOLE SOURCE, AND WAIVE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS; APPROVING
ACQUISITION OF TELESTAFF, AN AUTOMATED
STAFFING SOFTWARE PROGRAM, FROM
PRINCIPAL DECISION SYSTEMS. INTERNATIONAL
("PDSI"), THE SOLE SOURCE PROVIDER, FOR THE
DEPARTMENT OF FIRE -RESCUE, $102,000,
AUTHORIZING THE CITY MANAGER TO EXECUTE
A LICENSE AGREEMENT WITH PDSI.
(B) REQUEST REPORT STATING HOW MUCH MONEY
CITY HAS SPENT ON DIFFERENT INFORMATIONAL
TECHNOLOGY PROGRAMS AND EVALUATE EACH
PROGRAM AS TO BENEFIT THAT CITY AND
RESIDENTS HAVE RECEIVED FROM SAME; DIRECTING
MANAGER TO MONITOR FUTURE PURCHASES FOR
NEW TECHNOLOGY.
5/11/00
R-00-383
10
5/11/00
R-00-384
11
5/11/00
R-00-385
12-16
4. APPROVE MANAGER'S FINDING OF SOLE SOURCE, 5/11/00
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED R-00-386
BIDS; APPROVING PURCHASE OF MAINTENANCE OF 17-18
HARDWARE AND RENEWAL OF THE SOFTWARE
LICENSE OF THE UNIGATE SYSTEM FROM DYNAMIC
SOLUTIONS INTERNATIONAL (DSI), FOR
DEPARTMENT OF POLICE, ANNUAL $10,000,
ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING
BUDGET.
5. OPSAIL MIAMI 2000, (TALL SHIPS/SAILBOATS) TO 5/11/00
TAKE PLACE AT DANTE` FASCELL PORT OF MIAMI, R-00-387
JUNE 6-10, 2000. 19-21
6. DISCUSS AND CONTINUE CONSIDERATION OF MR. 5/11/00
RONALD J. COHEN, P.A., TO ADDRESS COMMISSION DISCUSSION
CONCERNING PAYMENT OF ATTORNEYS' FEES 22
REGARDING FOP, MIAMI LODGE 20, PABLO
CAMACHO, AND MILTON HIRSCH, P.A. V. CITY OF -
MIAMI.
7. DEFER CONSIDERATION OF (PROPOSED SECOND 5/11/00
READING ORDINANCE PROVIDING TERMS AND M-00-388
CONDITIONS FOR OPERATION OF CABLE TELEVISION 23-24
SYSTEMS).
8. SECOND READING ORDINANCE: AMEND
ORDINANCE NO. 10021 WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND, THEREBY PROVIDING FOR AN
INCREASE IN THE AMOUNT OF $2,000,000.
9. AUTHORIZE ANNUAL PAYMENT OF $300,000
TOWARDS RETIREMENT OF SERIES 1990 SPECIAL
OBLIGATION DEBT ISSUED ON BEHALF OF
COMMUNITY REDEVELOPMENT AGENCY ("CRA"),
IN CONSIDERATION FOR LAND DEEDED TO THE
CITY BY CRA FOR USE BY MIAMI SPORTS AND
EXHIBITION AUTHORITY; FURTHER
CONSIDERATION OF ANY CLAIMS BY CRA FOR BACK
PAYMENT OF REVENUE COLLECTED BY
DEPARTMENT OF OFF-STREET PARKING FROM
PARKING ON LAND OWNED BY THE CRA.
5/11/00
ORDINANCE NO.
11924
25-26
5/11/00
R-00-389
27-31
10.
SECOND READING ORDINANCE: AMEND
5/11/00
ORDINANCE NO. 11839, THE ANNUAL
M-00-390
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
ORDINANCE NO.
ENDING SEPTEMBER 30, 2000, FOR PURPOSE OF
11925
ADJUSTING SAID APPROPRIATIONS RELATING TO
32-37
OPERATIONAL AND BUDGETARY REQUIREMENTS
OF CERTAIN CITY DEPARTMENTS.
11.
AMEND CODE SECTION 54-190 "STREETS AND
5/11/00
SIDEWALKS/BASE BUILDING LINES/NONSTANDARD
ORDINANCE NO.
STREET WIDTHS," TO MODIFY THE WIDTH OF
11926
NORTHWEST 2ND AVENUE BETWEEN NORTHWEST
38-39
8TH STREET AND NORTHWEST 9TH STREET.
12.
AMEND CODE SECTION 40-250 "PENSION AND
5/11/00
RETIREMENT PLAN," PROVIDING THAT CERTAIN
ORDINANCE NO.
EMPLOYMENT CATEGORIES SHALL BE
11927
PERMITTED TO REJECT MEMBERSHIP IN THE
40-41
CITY GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST UNDER
CERTAIN CIRCUMSTANCES.
13.
DEFER CONSIDERATION OF PROPOSED EASEMENT TO
5/11/00
MIAMI-DADE COUNTY AT CITY PROPERTY OF A 12
M-00-391
FOOT PERPETUAL, NON-EXCLUSIVE EASEMENT ON
42-45
THE PROPERTY, FOR WATER FACILITIES;
ADMINISTRATION TO NEGOTIATE (1) AN
APPROPRIATE RATE FOR COUNTY TO PAY AND (2)
PROVISION BY COUNTY OF PARKING FOR MIAMI-
DADE WATER AND SEWER AUTHORITY [WASA]
FACILITY NEAR WINN DIXIE SITE.
14.
AUTHORIZE MANAGER TO SUBMIT APPLICATION
5/11/00
TO FLORIDA INLAND NAVIGATION DISTRICT
R-00-392
WATERWAYS ASSISTANCE PROGRAM, FOR GRANT
46-49
FUNDING IN THE ESTIMATED AMOUNT OF $150,000,
FOR THE WATSON ISLAND PUBLIC BOAT RAMP
REPLACEMENT PROJECT -PHASE II.
15.
DEFER CONSIDERATION OF PROPOSED EASEMENT TO
5/11/00
MIAMI-DADE COUNTY AT CITY PROPERTY OF A 15
M-00-393
FEET WIDE PERPETUAL, NONEXCLUSIVE EASEMENT
50-51
ON THE PROPERTY FOR SEWER FACILITY.
16. AUTHORIZE MANAGER TO EXECUTE EXTENSION 5/11/00
TO PROFESSIONAL SERVICE AGREEMENT WITH R-00-394
KPMG LLP, CERTIFIED PUBLIC ACCOUNTANTS, 52-53
FOR EXTERNAL AUDITING SERVICES, $350,000.
17. ACCEPT FINDINGS OF SELECTION COMMITTEE 5/11/00
FOR INFORMATION TECHNOLOGY STRATEGIC R-00-395
PLAN; AUTHORIZE MANAGER TO EXECUTE 54-56
AGREEMENT WITH ARTHUR ANDERSON LLP,
$575,000 FOR CONSULTING SERVICES AND $28,800
FOR MONITORING SERVICES, FOR DEPARTMENT OF
INFORMATION TECHNOLOGY, SHOULD
NEGOTIATIONS FAIL, COMMITTEE RECOMMENDS
MANAGER PROCEED TO NEGOTIATE WITH KPMG,
LLP.
18. (A) AUTHORIZE ALLOCATION OF FUNDS, IN AN 5/11/00
AMOUNT NOT TO EXCEED $350,000, TO DEFRAY R-00-396
EXPENSES OF PROTRACTED, COMPLEX 57-64
INVESTIGATIONS; ALLOCATING FUNDS FROM THE
LAW ENFORCEMENT TRUST FUND.
(B) REQUEST AUDIT OF LAW ENFORCEMENT TRUST
FUND (L.E.T.F.), BY ENTITY OUTSIDE MIAMI POLICE
DEPARTMENT; AND PROVIDE A BREAKDOWN OF
ALLOCATIONS MADE FROM L.E.T.F.. FOR
DESIGNATED PURPOSES PER COMMISSION DISTRICT,
IDENTIFYING MONEY SPENT HISTORICALLY, LIST OF
ACTIVITIES FUNDED AND EVALUATION OF
APPROPRIATENESS OF EACH
19. APPROVE MANAGER'S FINDING OF EMERGENCY, 5/11/00
WAIVE REQUIREMENTS FOR COMPETITIVE R-00-397
SEALED BIDS, APPROVE PROVISION FOR 65-66
DISPATCHED TOWING AND WRECKER SERVICES,
$15,000; ALLOCATE FUNDS FROM GENERAL SERVICES
ADMINISTRATION.
20. DISCUSSION CONCERNING REGULATING PLACEMENT 5/11/00
OF NEWSRACKS IN PUBLIC RIGHT OF WAY AND DISCUSSION
PROPOSE AMENDMENT OF CODE IMPOSING SAFETY 67-72
AND AESTHETIC RESTRICTIONS.
21. APPROVE MANAGER'S FINDING OF EMERGENCY,
5/11/00
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED
R-00-398
BIDS, APPROVE REPLACEMENT OF ROOF AT FIRE
73-77
TRAINING CENTER IN COCONUT GROVE BY
DECKTIGHT ROOFING SERVICES, $27,900, FOR
DEPARTMENT OF FIRE -RESCUE; FUNDED BY THE
FIRE ASSESSMENT.
22. AMEND RESOLUTION NO. 99-246, WHICH AWARDED
5/11/00
BID OF FORT LAUDERDALE HARLEY DAVIDSON
R-00-399
FOR LEASING OF CERTIFIED TRAFFIC LAW
78-79
ENFORCEMENT MOTORCYCLES, TO CORRECT
AMOUNT OF CONTRACT NOT TO EXCEED $190,440
TOTAL, FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION; ALLOCATING FUNDS FROM
PROGRAM "REPLACEMENT OF CITY-WIDE FLEET".
23. SUNSET VIRGINIA KEY PARK CIVIL RIGHTS TASK
5/11/00
FORCE; ESTABLISH VIRGINIA KEY BEACH
R-00-400
ADVISORY BOARD TO MAKE RECOMMENDATIONS
80-81
TO CITY COMMISSION REGARDING FUTURE
DEVELOPMENT OF VIRGINIA KEY PARK.
24. APPOINT MEMBERS OF THE BAYFRONT PARK 5/11/00
MANAGEMENT TRUST (STEVE KNEAPLER, FRANK R-00-401
BALZEBRE, PAUL SINGERMAN, BOBBY MUMFORD, 82-84
RALPH DUHARTE, AND MONK TERRY).
25. APPOINT MEMBERS OF THE PROPERTY AND ASSET 5/11/00
REVIEW COMMITTEE (RUBEN OLIVA). R-00-402
85-89
26. APPOINT MEMBERS OF WATERFRONT ADVISORY 5/11/00
BOARD (JOHN BRENNAN, NEIL MC ALILEY, JOSE R-00-403
COMAS, STUART SORG, JACK KING, ARMANDO 90-91
VALDEZ, PAUL GEORGE, ROBERT PARENTE, ERNIE
MARTIN, GONZALO DIAZ).
27. APPOINT MEMBERS OF INTERNATIONAL TRADE 5/11/00
BOARD (RAMON FLORES, WALDO CASTRO- R-00-404
MOLLEDA, JULIAN LINARES, ANSELMO ALIEGRO, 92-93
RAPHAEL GARCIA-TOLEDO, BOB RODRIGUEZ,
DWAYNE WYNN).
28. DEFER APPOINTMENTS" TO URBAN DEVELOPMENT 5/11/00
REVIEW BOARD. DISCUSSION
94
29. CONFIRM BAYFRONT PARK MANAGEMENT 5/11/00
TRUST'S ("BPMT") APPOINTMENT OF JAY R-00-405
CONSTANTZ AS EXECUTIVE DIRECTOR, AND BE 95-99
RESPONSIBLE FOR THE MANAGEMENT AND
OPERATION OF ALL BPMT PROPERTIES,
ACTIVITIES, AND FACILITIES AS REQUIRED
PURSUANT TO SECTION 38-105 OF THE CODE.
30. DIRECTION TO MANAGER AND CITY ATTORNEY BY 5/11/00
COMMISSIONER TEELE TO PREPARE SEVERANCE PAY DISCUSSION
DOCUMENT THAT WOULD INFORM COMMISSION 100-103
WHAT CITY IS OBLIGATED TO PAY OUTGOING
MANAGER DONALD WARSHAW (SEE #33).
31. (A) WITHDRAW PROPOSED RELEASE OF ZONING 5/11/00
COVENANT RUNNING WITH THE LAND FOR R-00-306
PROPERTY LOCATED AT 2346 N.E. 2ND COURT). 104-107
(B) ACCEPT PLAT ENTITLED WYNWOOD TOWER
REPLAT
32. SPECIAL MEETING CALLED BY MAYOR ON MAY 5/11/00
18, 2000 TO CONFIRM CARLOS GIMENEZ AS NEW DISCUSSION
MANAGER. 108
•
33. (A) REQUEST RESEARCH SEVERANCE PAY ISSUE OF 5/11/00
OUTGOING MANAGER DONALD WARSHAW, AS R-00-407
PERTAINED TO HIS CONTRACT; SUGGESTED THAT 109-125
CITY ATTORNEY CONSIDER ENGAGING THE
SERVICES OF OUTSIDE COUNSEL TO PERUSE
CONTRACT TO DETERMINE WHETHER CITY SHOULD
PAY FORMER MANAGER, DONALD WARSHAW,
SEVERANCE PACKAGE. (SEE #30)
(B) PROVIDE DONALD H. WARSHAW FOR
TRANSITIONAL USE FOR 90 DAYS FROM DATE OF
HIS SEPARATION OF EMPLOYMENT WITH CITY A
CELLULAR TELEPHONE, TELEFAX MACHINE,
VEHICLE, PAGER AND COMPUTER, IN ADDITION
TO BENEFITS PURSUANT TO HIS EMPLOYMENT
AGREEMENT; PROVIDE LETTER OF
COMMENDATION FROM COMMISSION; PROVIDE
CONTINUED LEGAL REPRESENTATION BY CITY
ATTORNEY PERTAINING TO CITY BUSINESS.
(SEE#30)
34. AMEND RESOLUTION NO. 0043 BY RESOLUTION NOS. 5/11/00
00-270, 00-370 AND RESOLUTION NO. 00-369, FORMING R-00-408
TWO AD HOC COMMITTEES, AND CREATING A 126-130
SINGLE SEVEN (7) MEMBER AD HOC COMMITTEE TO
MERGE RESPONSIBILITIES OF THE COMMITTEES TO
INVESTIGATE (1) COMMUNITY RELATIONS BETWEEN
POLICE DEPARTMENT AND PARTICIPATING
INDIVIDUALS THAT TRANSPIRED WEEK OF JANUARY
3, 2000, AND (2) POLICE DEPARTMENT AND
INVOLVEMENT IN REMOVAL OF ELIAN GONZALEZ
FROM LITTLE HAVANA RESIDENCE ON APRIL 22, 2000,
AND SUBSEQUENT ACTIONS TAKEN BY POLICE
DEPARTMENT DURING CITIZENS' DEMONSTRATIONS
FROM TIME OF INCIDENT THROUGH APRIL 25, 2000.
35. COMMENTS BY MAYOR OF TALLAHASSEE SCOTT 5/11/00
MADDOX (SEE #38) DISCUSSION
131
36. AUTHORIZE CITY'S CO-SPONSORSHIP WITH LATIN 5/11/00
CHAMBER OF COMMERCE ("CAMACOL"), SERIES OF R-00-409
EVENTS TO BE HELD TO RAISE FUNDS TO PROVIDE 132-133
ASSISTANCE FOR UNDERPRIVILEGED INDIVIDUALS
IN THE COMMUNITY (CHRISTMAS BASKETS).
37. AUTHORIZE FUNDING TO SPONSOR THE 15TH 5/11/00
NATIONAL CONFERENCE ON PREVENTING CRIME IN R-00-410
THE BLACK COMMUNITY, ($10,000), ALLOCATING 134-135
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
38. PRESENTATION TO SCOTT MADDOX, MAYOR OF 5/11/00
TALLAHASSEE (SEE #35) PRESENTATION
136
39. DISCUSSION CONCERNING FUNDING HISTORY 5/11/00
AND ACTIVITY REPORT FOR THE 19TH THROUGH DISCUSSION
THE 25TH CDBG PROGRAM YEARS. 137-142
40. ADOPT CITIZEN PARTICIPATION PLAN, WHICH 5/11/00
ENCOURAGES CITIZEN INVOLVEMENT IN R-00-411
PLANNING AND ALLOCATION PROCESS FOR 26TH 143-152
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) YEAR; AND RESCINDING RESOLUTION NO.
86-047 AND FURTHER RESCINDING ANY
RESOLUTIONS RELATED TO THE CREATION AND
RESPONSIBILITY OF CITYWIDE ADVISORY BOARD
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM. (SEE #42).
41. COMMENTS REGARDING COMMERCIAL 5/11/00
REVITALIZATION PROGRAM - CDBG. (SEE #43) DISCUSSION
153-154
42. COMMENTS MADE BY PUBLIC SPEAKERS - 5/11/00
CITIZEN PARTICIPATION PLAN FOR CDBG. (SEE DISCUSSION
#40) 155-156
43. ESTABLISH COMMERCIAL REVITALIZATION 5/11/00
PROGRAM - DISCUSS NEED FOR ADEQUATE R-00-412
FUNDING. (SEE #41). 157-183
44. AUTHORIZE ALLOCATING FUNDS IN AMOUNT OF 5/11/00
$300,000 OF COMMUNITY DEVELOPMENT BLOCK R-00-413
GRANT FUNDS TO PROVIDE ADMINISTRATIVE 184-191
COSTS TO REESTABLISH A COMMERCIAL LOAN
PROGRAM TO STIMULATE BUSINESS
DEVELOPMENT AND GROWTH IN CITY WITH SAID
ALLOCATION INCLUDING INDIVIDUAL AWARDS
OF $150,000 TO THE LITTLE HAITI CREDIT UNION
AND THE LATIN CHAMBER OF COMMERCE
(CAMACOL).
45. HOLD IN ABEYANCE PUBLIC REQUEST FOR
PROPOSALS (RFP) PREDICATED ON COMMISSION
ACCEPTANCE OF RECOMMENDED 26TH COMMUNITY
DEVELOPMENT BLOCK GRANT YEAR FUNDING
LEVELS BY CATEGORY; INSTRUCT MANAGER TO
PROVIDE "LOCK -INS" PER COMMISSION DISTRICT IN
PUBLIC SERVICE CATEGORY; DIRECT MANAGER TO
PROVIDE TIMEFRAME WHEREIN RFP SHOULD GO
OUT.
46. (A) APPROVE PROPOSED KING
HEIGHTS/ORCHARD VILLA REVITALIZATION
PROJECT IN MODEL CITY COMMUNITY
REVITALIZATION DISTRICT; AUTHORIZE
MANAGER TO RETAIN SERVICES OF
ARCHITECTURAL FIRM OF R.J. HEISENBOTTLE
ARCHITECTS, P.A.; ALLOCATE HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS, IN
AN AMOUNT NOT TO EXCEED $100,000, IN
CONNECTION WITH PREPARATION OF MASTER
PLAN FOR REVITALIZATION OF KING
HEIGHTS/ORCHARD VILLA NEIGHBORHOOD.
(B) DEVELOPMENT OF AFFORDABLE
HOMEOWNERSHIP HOUSING UNITS IN MODEL
CITY HOMEOWNERSHIP ZONE; AUTHORIZE
MANAGER TO ALLOCATE THE AMOUNT OF
$1,500,000 IN FY' 1999-2000 AND 2000-2001 HOME
INVESTMENT PARTNERSHIP PROGRAM FUNDS
FOR A TOTAL ALLOCATION IN THE AMOUNT OF
$3,000,000 TO ASSIST WITH FINANCING OF NEW
AFFORDABLE HOMEOWNERSHIP HOUSING UNITS
PLANNED IN THE MODEL CITY NEIGHBORHOOD
(C) EXPRESSING CITY'S SUPPORT AND FINANCIAL
COMMITMENT TO MIAMI-DADE COUNTY'S
APPLICATION TO U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR AMOUNT OF $35
MILLION THROUGH HOMEOWNERSHIP AND
OPPORTUNITIES FOR PEOPLE EVERYWHERE
(HOPE VI) REVITALIZATION PROGRAM GRANT
FOR REVITALIZATION OF COUNTY -OWNED
LIBERTY SQUARE AND LIBERTY HOMES PUBLIC
HOUSING DEVELOPMENTS, AS WELL AS THE
SURROUNDING NEIGHBORHOOD.
5/11/00
M-00-414
192-195
5/11/00
R-00-415
R-00-416
R-00-417
196-210
47. AMEND RESOLUTION NO. 98-580, RELATING TO
ESTABLISHMENT OF CITY'S HOUSING LOAN
COMMITTEE; TO ELIMINATE APPOINTMENT OF AN
INDIVIDUAL FROM MIAMI CAPITAL DEVELOPMENT,
INC., PROVIDING FOR APPOINTMENT A THIRD
MEMBER WITH PRIVATE REAL ESTATE LENDING
EXPERIENCE AND PROVIDING FOR MANAGER'S
APPOINTMENT OF INDIVIDUALS FROM
DEPARTMENTS OF PLANNING AND ZONING AND
REAL ESTATE AND ECONOMIC DEVELOPMENT.
48. AUTHORIZE ALLOCATION OF FUNDS, IN THE
AMOUNT OF $225,000, FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS. AND
REITERATING CITY COMMISSION'S ALLOCATION
OF 24TH YEAR CDBG FUNDS, IN THE AMOUNT OF
$225,000, FOR LITTLE HAITI JOB CREATION PROJECT;
DIRECT MANAGER TO IDENTIFY AN ENTITY WHICH
SHALL IMPLEMENT AND OPERATE THE PROJECT
AND TO PRESENT SAME TO COMMISSION
49. AUTHORIZE ALLOCATION OF FUNDS IN THE
AMOUNT OF $262,322 FROM FY 1999-2000 HOME
INVESTMENT PARTNERSHIP ("HOME") PROGRAM
FUNDS TO COMMUNITY REDEVELOPMENT
AGENCY ("CRA"); FUNDING TO BE UTILIZED BY
CRA TO PROVIDE TECHNICAL ASSISTANCE TO
VARIOUS COMMUNITY HOUSING DEVELOPMENT
ORGANIZATIONS FOR IMPLEMENTATION OF
HOUSING PROJECTS IN THE SOUTHEAST
OVERTOWN/COMMUNITY REDEVELOPMENT AREA.
5/11/00
R-00-418
211-213
5/11/00
R-00-419
214-215
5/11/00
R-00-420
216-217
50. FINANCING OF RALPH'S PLAZA TOWNHOMES
PROJECT -PHASE, DEVELOPED BY ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC.,
("ABDA") IN THE ALLAPATTAH NEIGHBORHOOD;
DIRECT MANAGER TO DE -OBLIGATE $504,450 IN FY'
1995-96 STATE HOUSING INITIATIVES PARTNERSHIP
("SHIP") PROGRAM, DIRECT MANAGER TO
REALLOCATE $504,450 IN HOME INVESTMENT
PARTNERSHIP ("HOME") PROGRAM FUNDS TO
ABDA FOR THE FINANCING OF THE PROJECT;
AUTHORIZE MANAGER TO TRANSFER ALL
CONSTRUCTION RELATED COSTS ASSOCIATED
WITH PROJECT FROM SHIP PROGRAM TO HOME
PROGRAM.
51. AUTHORIZE MANAGER TO DE -OBLIGATE $853,727
IN FY' 1996-1997 AND 1998-1999 STATE HOUSING
INITIATIVES PARTNERSHIP ("SHIP") PROGRAM
FUNDING ALLOCATED TO SIX (6) COMMUNITY
HOUSING DEVELOPMENT ORGANIZATIONS
("CHDO'S") IN CONNECTION WITH FINANCING OF
SIX (6) AFFORDABLE HOMEOWNERSHIP
PROJECTS IN CITY; DIRECT MANAGER TO RE-
ALLOCATE AFOREMENTIONED AMOUNT FOR
CONTINUED IMPLEMENTATION OF CITY'S SHIP
FUNDED SINGLE FAMILY REHABILITATION
PROGRAM AND FIRST-TIME HOMEBUYER' S
FINANCING PROGRAM; DIRECT MANAGER TO
REALLOCATE FUTURE YEAR SHIP OR HOME
PROGRAM FUNDS TO EACH HOUSING
ORGANIZATION ON INDIVIDUAL BASIS.
5111100
R-00-421
218-220
5111100
R-00-422
221-226
52. PROPOSED NORTHWESTERN ESTATES HOUSING
PROJECT ("PROJECT") PLANNED FOR
DEVELOPMENT IN MODEL CITY NEIGHBORHOOD
BY URBAN LEAGUE OF GREATER MIAMI, INC.,
AND LHL HOUSING CORPORATION ALSO KNOWN
AS LIBERTY HOUSING ASSOCIATES; DIRECT
MANAGER TO DE -OBLIGATE $4,750,000 IN HOME
INVESTMENT PARTNERSHIP ("HOME") PROGRAM
FUNDS ALLOCATED TO THE URBAN LEAGUE OF
GREATER MIAMI, INC.; AUTHORIZE MANAGER TO
TRANSFER $3,100,000 IN AVAILABLE 1976 GENERAL
OBLIGATION HOUSING BOND FUNDS TO REPLACE
THE AFOREMENTIONED HOME PROGRAM FUNDS;
DIRECT MANAGER TO TRANSFER ALL INELIGIBLE
HOME PROGRAM COSTS ASSOCIATED WITH
PROJECT TO ABOVE REFERENCED HOUSING BOND
FUNDING SOURCE TO CLOSE FINDING NO. 3 OF
AUDIT REPORT BY OFFICE OF THE INSPECTOR
GENERAL MARCH 26, 1998.
53. ALLOCATE $3,587,693 TO ECONOMIC
OPPORTUNITY FAMILY HEALTH CENTER AND TO
MIAMI DADE HOUSING AGENCY, FOR HOUSING
ASSISTANCE AND HOUSING RELATED SERVICES TO
LOW INCOME PERSONS LIVING WITH HIV/AIDS;
ALLOCATING FUNDS FROM FY 1999 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM
GRANT.
54. CITY'S HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS ("HOPWA") PROGRAM; DIRECT CITY
ADMINISTRATION TO MOVE FORWARD WITH
PROPOSED RE -STRUCTURING OF HOPWA TO
IMPROVE SERVICE DELIVERY SYSTEM FOR
HOUSING AND HOUSING RELATED SERVICES FOR
INDIVIDUALS LIVING WITH HIV/AIDS.
5/11/00
R-00-423
227-232
5/11/00
R-00-424
233-235
5/11/00
R-00-425
236-239
55.
AUTHORIZE MANAGER TO EXECUTE AN
5/11/00
AGREEMENT WITH SHARPTON, BRUNSON &
R-00-426
COMPANY TO PERFORM AUDIT OF CITY'S
240-241
HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS ("HOPWA") PROGRAM AND TO PROVIDE
ASSISTANCE FOR DEVELOPMENT OF
PROCEDURAL MANUALS FOR IMPLEMENTATION
OF PROPOSED MODIFIED HOPWA PROGRAM, FOR
THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
IN AN AMOUNT NOT TO EXCEED $50,000;
ALLOCATING FUNDS FROM HOPWA PROGRAM
FUNDING.
56.
DISCUSSION CONCERNING CDBG LINE OF CREDIT
5/11/00
UNDER EXPENDITURES - FLAGLER
DISCUSSION
MARKETPLACE, FEC CORRIDOR, DOWNTOWN
242-250
DEVELOPMENT AUTHORITY (DDA) PROJECTS.
57.
MEET FUNDING COMMITMENTS TO COMMUNITY
5/11/00
REDEVELOPMENT AGENCY ("CRA") ALLOCATING
R-00-427
AMOUNT OF $1 MILLION OF UNOBLIGATED
251-260
COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS, THE AMOUNT OF $1 MILLION OF
HOPWA FUNDS AND REPROGRAMMING THE
AMOUNT OF $3 MILLION OF CDBG FUNDS FROM
CAPITAL IMPROVEMENT PROJECTS ("CIP") TO
CRA, AUTHORIZE MANAGER TO REPROGRAM
AMOUNT OF $200,000 OF CDBG FUNDS FROM CIP
PROJECTS TO BUILDING DEPARTMENT FOR
DEMOLITION ACTIVITIES.
58.
DE-OBLIGATE $500,000 OF COMMUNITY
5/11/00
DEVELOPMENT BLOCK GRANT FUNDS AND
R-00-428
$500,000 OF HOME PARTNERSHIP INVESTMENT
261-264
FUNDS TO FINANCE LYRIC VILLAGE HOUSING
PROJECT TO BE DEVELOPED BY ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION.
59.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
5/11/00
REVENUE FUND ENTITLED "2000-2001
ORDINANCE NO.
WORKFORCE INVESTMENT ACT SUMMER YOUTH
11928
TRAINING AND EMPLOYMENT PROGRAM";
265-267
APPROPRIATING $470,375, FOR OPERATION
CONSISTING OF GRANT FROM U.S. DEPARTMENT
OF LABOR, ADMINISTERED BY SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
("SFETC"); AUTHORIZE MANAGER TO EMPLOY
PERSONNEL TO ADMINISTER PROGRAM.
60. AUTHORIZE MANAGER TO EMPLOY PERSONNEL
5/11/00
TO ADMINISTER FISCAL YEAR 2000-2001
R-00-429
WELFARE -TO -WORK EMPLOYMENT AND
268-271
TRAINING PROGRAM, FUNDED THROUGH GRANT
FROM U.S. DEPARTMENT OF LABOR AND
ADMINISTERED BY SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM.
61. POLICY WHEREBY ANY ENTITY RECEIVING FUNDS,
5/11/00
IN AN AMOUNT EXCEEDING ($25,000) FROM THE
R-00-430
CITY SUCH AS HOME INVESTMENT PARTNERSHIP
272-274
("HOME"), STATE HOUSING INITIATIVES
PARTNERSHIP ("SHIP"), HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS ("HOPWA") AND
COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS, SHALL (1) PROVIDE SIGNAGE
IDENTIFYING ENTITIES PROGRAMS OR PROJECTS
AND (2) INCORPORATING SEAL OF CITY AND
NAMES OF OFFICIALS AND ADMINISTRATION OF
CITY ON ALL DOCUMENTS.
62. MANAGER TO CONDUCT STUDY TO DETERMINE
5/11/00
FEASIBILITY OF PURCHASING LAND FOR
R-00-431
EXPANSION OF HISTORIC CITY CEMETERY AND
275-276
INPUT FROM COMMUNITY ORGANIZATIONS.
63. (A) DIRECTION TO CITY ATTORNEY BY 5111100
COMMISSIONER TEELE TO PREPARE LEGISLATION DISCUSSION
AMENDING CODE TO ESTABLISH POLICY THAT 277-279
DEPARTMENT OF INFORMATION TECHNOLOGY POST
AGENDA ON INTERNET IMMEDIATELY FOLLOWING
AGENDA'S DISTRIBUTION; REQUEST CITY CLERK'S
REPORT AND MARKED -UP AGENDA BE POSTED BY
DEPARTMENT OF INFORMATION TECHNOLOGY
WITHIN FOUR HOURS AFTER RECEIPT FROM OFFICE
OF CITY CLERK; REQUIRE CITY'S WEBSITE ADDRESS
BE LOCATED BELOW MASTHEAD ON FRONT PAGE OF
AGENDA; DIRECT CITY CLERK TO SUBMIT PROPOSAL
TO COMMISSION WITHIN 30 DAYS WHICH WOULD
PROVIDE FOR POTENTIALITY OF IMPLEMENTING A
COMPREHENSIVE, INTEGRATED, LEGISLATIVE
AGENDA PREPARATION AND INFORMATION
TRACKING SYSTEM SIMILAR TO THE LEGISTAR
SYSTEM.
(B) REQUEST CDBG FUNDING RECOMMENDATIONS
TO BE LISTED BY CATEGORIES
(C) SCHEDULE SPECIALS COMMISSION MEETING FOR
MAY 18 TO CONFIRM CARLOS GIMENEZ AS CITY
MANAGER.
C
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 11`" day of May 2000, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in
regular session.
The meeting was called to order at 9:44 a.m. by Vice Chairman Wifredo Gort, with the
following members of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Carlos Gimenez, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Sylvia Lowman, Assistant City Clerk
An invocation was delivered by Commissioner Sanchez, followed by Commissioner
Winton leading those present in a pledge of allegiance to the flag.
Vice Chairman Gort: First, we have a few proclamations, accommodations to Malcolm
G. Davis, Firefighter of the Year. Sorry, guys. Sit down a bit. Shorty, sit down again.
We're going to wait for Teele. Now, we're going to do two — we're going to leave you
1 May 11, 2000
•
for last. How's that? A proclamation for Emergency Medical Service Week. They want
to wait until Teele gets here.
2 May 11, 2000
M SENT AGENDA
Vice Chairman Gort: OK. We're now going to the regular agenda.
Note For The Record: No vetoes ,from the Mayor.
Vice Chairman Gort: My understanding, we don't have any vetoes from the Mayor's
Office?
Mr. Walter Foeman (City Clerk): No vetoes.
Vice Chairman Gort: I have a — you need the motion for the minutes separate or could
we do them all together?
Mr. Foeman: For the meet...
Vice Chairman Gort: Mr. Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Gort: The minutes, could we do it — do you need to do them one at a time
or could we do them all together?
Mr. Vilarello: You can do one motion on all the minutes.
Vice Chairman Gort: All right. Do I have a motion to approve the minutes from...
Commissioner Winton: So moved.
Vice Chairman Gort: ...June 22°a, October 27th, November 10th, and November 30th9
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: The consent agenda. Is any one item that anyone would like to
pull?
Commissioner Sanchez: I have —I'm not going to pull — I'm not requesting to pull any of
the items, but I do have a question on CA -1, which is the purchase of submachine guns
for the Police Department's SWAT (Special Weapons And Tactics) Team. - Just for
clarification, how old are these weapons?
3 May 11, 2000
Major Joseph Longueira (Support Services): Commissioner, we have eight of them, two
are out of service. We bought four in 1988 and four in, 1992.
Commissioner Sanchez: So, it has - do any of the weapons have a history of
malfunctioning?
Major Longueira: Yes. Two of them, we had to remove them from service. They can't
be repaired.
Commissioner Sanchez: No further questions on CA -1.
Vice Chairman Gort: Any other item? I have a question. CA -5, it's — I'm beginning to —
in the last three to four meetings, I'm beginning to see where we come out with a budget
for certain purchases and the market always comes — vendors are beginning to come way
under the — what we budget them for. Now, my question is, are we compared with the
private sector to see if our budget is within the industries?
Mr. Dean De Jong: In terms of this particular item, Commissioner — I'm sorry. Dean De
Jong, Acting Director, GSA (General Services Administration). In terms of this item, I.
really can't honestly answer that for you. I know that we did research numerous places
and that, ultimately, the issue was not only a cost issue, but what my graphics people felt
would be. absolutely the best thing, and this is part of what I talked about last time, the
continuing expansion of our technical capabilities.
Vice Chairman Gort: I know you all have done a great job in securing business within
the City and to go ahead and bid for it, but I just wanted to — if we -- sometimes we can
check with the private sector, whatever department comes from because, as I can see,
our budget is about 20, 25, 30 percent above what the estimates are coming in. OK.
Thank you. Let me see. I had another question. No. Those are regular items later. Yes,
sir. On the consent agenda.
Mr. Mariano Cruz: Clarification. Mariano Cruz, 1227 Northwest 26TH Street. On Items
1 and 4. One I ask, is that enough, that type of weapon, the Heckler and Koch UMP 45,
is enough on the street where people are AK -47, Uzi's, (inaudible) 225, and the whole
thing. Is that enough for the department to consider?
Major Longueira: Yes, Commissioners. That's the weapon. That's the standard used
and tactical operations in law. enforcement.
Commissioner Sanchez: MP 5?
Major Longueira: Yes.
Mr. Cruz: OK. And the other one, the radar gun, are going to .be used to control speeders
in certain neighborhoods. Could that be controlled, too, by putting four-way stop, like
they put on 17TH Street, (inaudible) Heights'on 14TH Street and 29TH Avenue, or that's
4 May 11, 2000
going to be — it used to control speeds? Because I see the use of radars going in many
municipalities. Now, I work, like in Biscayne Park, it's used as a revenue-producing
thing for the neighborhood — I mean, for the city. Is that going to be used for — when
there's a problem in one place, you will go there?
Major Longueira: Yes. Yes, sir.
Mr. Cruz: It won't be a speed trap.
Major Longueira: , Yes, sir. When we purchased these, each NET (Neighborhood
Enhancement Team) neighborhood will have a radar gun. It will be part of their
problem -solving on traffic enforcement in their neighborhood, not for revenue-producing.
Mr. Cruz: OK. Well, OK. Thank you.
Vice Chairman Gort: Thank you. I knew I had another one, CA -5. On CA -5, I see this
is. management software. I think this is what I was addressing a little while ago. My
understanding is, you'll be able to do detailed information through order entry,
estimating, inventory?
Mr. De Jong: Correct.
Vice Chairman Gort: So, maybe part of the data could be — that you can put in this data
the private sector's — whatever' department's going to be doing the purchases, we can
compare with the private sector also.
Mr. De Jong: Very good, sir.
Vice Chairman Gort: Thank you.
Mr. De Jong: Thank you.
Vice Chairman Gort: Any other questions on the consent agenda? Do I have a motion?
It was moved...
Commissioner Sanchez: Moved.
Vice Chairman Gort: Moved and second.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
5 May 11, 2000
•
0
Note For The Record: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT
AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO
CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE
SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT
REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION.
The motion duly made by Commissioner Sanchez and seconded by
Commissioner Regalado, the consent agenda items were passed by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
RESOLUTION NO. 00-375
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF SOUTHERN PRECISION ARMORY, AWARDED PURSUANT TO
INVITATION FOR BIDS NO. 99-00-095, FOR THE PROCUREMENT OF
SUBMACHINE GUNS, FOR THE DEPARTMENT OF POLICE S.W.A.T.
TEAM, IN AN AMOUNT NOT TO EXCEED $14,357.50; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.840.
6 May 11, 2000
RESOLUTION NO. 00-376
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF GANCEDO TECHNOLOGIES, INC., FOR THE PROJECT
ENTITLED "SIMPSON PARK WATER PUMP ELECTRICAL
INSTALLATION; B-6341," IN THE PROPOSED AMOUNT OF $8,424.88;
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331346, AS
APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED, AND
11839, THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, IN THE AMOUNT OF $8,424.88 THE
CONTRACT COST AND $2,020 ESTIMATED EXPENSES, TOTAL
ESTIMATED COSTS OF '$10,444.88; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY.
RESOLUTION NO. 00-377
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF SOUTH DADE ELECTRICAL SUPPLY, AWARDED PURSUANT
TO INVITATION FOR BIDS NO. 99-00-082, FOR THE PROCUREMENT
OF STREET LIGHT FIXTURES AND POLES, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, AT AN ANNUAL.
AMOUNT NOT TO EXCEED $14,001.50, ON AN AS -NEEDED
CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION TO EXTEND
FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS
THEREFOR FROM GENERAL SERVICES ADMINISTRATION, PROPERTY
MAINTENANCE DIVISION, ACCOUNT CODE NO. 504000.420119.6.707.
7 May 11, 2000
RESOLUTION NO. 00-378
A RESOLUTION. OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE OF SEVEN (7) FALCON STATIONARY RADAR K -BAND
UNITS WITH TUNING FORK, OPERATOR'S MANUAL AND
LOCKING HARD CASES FROM KUSTOM SIGNALS, INC., UTILIZING
MIAMI-DADE COUNTY BID NO. 6193 -3/03 -OTR, EFFECTIVE THROUGH
APRIL 30, 2001; SUBJECT TO FURTHER EXTENSIONS BY THE COUNTY,
FOR THE DEPARTMENT OF POLICE, NEIGHBORHOOD TRAFFIC
ENFORCEMENT UNIT, IN AN AMOUNT NOT TO EXCEED $6,643;
ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 690002, AND t690003, SUCH
EXPENDITURES HAVING.BEEN APPROVED BY THE CHIEF OF POLICE
AS COMPLYING WITH THE U. S. DEPARTMENT OF THE TREASURY'S
"GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.,
RESOLUTION NO. 00-379
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PROCUREMENT OF ENTERPRISE PRINTING MANAGEMENT
SOFTWARE, SUPPORT AND ON-SITE TRAINING, FROM MICROINK,
AWARDED UNDER EXISTING CITY OF COLORADO SPRINGS,
COLORADO, REQUEST FOR PROPOSAL CONTRACT NO. C000024, FOR
AN ,INITIAL COST NOT TO EXCEED $16,605.50, AND FOR ANNUAL
MAINTENANCE SUPPORT IN AN AMOUNT NOT TO EXCEED
$1,930.50, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION GRAPHIC REPRODUCTIONS DIVISION;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS
DIVISION, OPERATING BUDGET, ACCOUNT CODE NO.
505000.420501.6.840.
8 May 11, 2000
RESOLUTION NO. 00-380
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
PURCHASE OF UNIFORM BREECHES, FROM ARGO UNIFORM
COMPANY, DB/A/ GOLD NUGGET, AWARDED UNDER EXISTING
MIAMI-DADE COUNTY BID NO. IB6416-1/01-OTR, ON AN AS NEEDED
CONTRACT BASIS, EFFECTIVE THROUGH FEBRUARY 23, 2001,
SUBJECT TO FURTHER EXTENSIONS BY THE COUNTY, IN AN
ANNUAL AMOUNT NOT TO EXCEED $10,000 FOR THE DEPARTMENT
OF POLICES ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT'S GENERAL OPERATING BUDGET, ACCOUNT CODE
001000.290201.6.075.
RESOLUTION NO. 00-381
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE FUNDING FOR THE CITY OF MIAMI PARKS AND
RECREATION DEPARTMENT SUMMER PROGRAM FIELD TRIP TO
THE WATER RAPIDS THEME PARK, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $5,200, FROM THE FY
'99-00 PARKS AND RECREATION DEPARTMENT OPERATING BUDGET,
ACCOUNT NO. .001000.580301.6.340 AND RECREATION ACTIVITY
CONSOLIDATED ACCOUNT NO. 116002.580211.6.340.
9 May 11, 2000
RESOLUTION NO. 00-382
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR COMPUTER SOFTWARE TRAINING FROM SYSTEMS
CONSULTANTS INCORPORATED, FOR .THE DEPARTMENT OF
FINANCE, AT A TOTAL ANNUAL AMOUNT NOT, TO EXCEED $9,500;
ALLOCATING FUNDS THEREFOR, FROM THE DEPARTMENT OF
FINANCE ACCOUNT CODE NO. 001000.260201.6.270.
RESOLUTION NO. 00-383
A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING
SURPLUS CELLULAR TELEPHONES USED BY THE MIAMI POLICE
DEPARTMENT, AS CATEGORY "A" SURPLUS STOCK; .FURTHER
DONATING THE SAME TO THE SAFESPACE SHELTER OF MIAMI-
DADE COUNTY, INC., A LOCAL NOT-FOR-PROFIT ORGANIZATION,
WHICH DISTRIBUTES THE CELLULAR TELEPHONES TO VICTIMS OF
DOMESTIC VIOLENCE IN EMERGENCY SITUATIONS, AS DESIGNATED
HEREIN.
10 . May. 11, 2000
RESOLUTION NO. 00-384
A RESOLUTION OF THE MIAMI CITY COMMISSION,WITH
ATTACHMENT (S) AUTHORIZING THE ALLOCATION OF FUNDS IN
THE AMOUNT OF $5,375 FROM THE 25TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799602, FOR
THE REHABILITATION OF FOUR (4) BUSINESSES LOCATED IN THE
FLAGAMI AREA UNDER THE CITY-WIDE COMMERCIAL FACADE
PROGRAM; DESIGNATING THE SMALL BUSINESS OPPORTUNITY
CENTER, INC., ("SBOC") AS THE ORGANIZATION.ADMINISTERING
THE PROGRAM AND TO DISBURSE FUNDS TO THE PARTICIPANTS;
AND AUTHORIZING THE CITY MANAGER TO . EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SBOC TO ADMINISTER SAID PROGRAM.
11 May 11, 2000 .
Vice Chairman Gort:, Item 2, Sole purchase Telestaff Software. Wait a minute. Today's
your day, huh?
Mr. Shorty Bryson (Acting Fire Chief): Just can't get away.
Vice Chairman Gort: Go ahead, sir. Yes, sir.
Mr. Bryson: Item 2?
Vice Chairman Gort: Item 2.
Mr. Bryson: First of all, W. Bryson, Acting Fire Chief. This is a system that we'd like to
purchase. It's called Telestaf£ It's a software system that handles payroll. It handles
staffing assignments throughout the whole department. It helps us enforce all of our
collective bargaining rules and other sort of procedures. It also interfaces with our
payroll system, and it saves us people power.
Vice Chairman Gort: Your payroll comes out of Finance Department?
Mr. Bryson: Pardon me?
Vice Chairman Gort: You don't have a separate payroll for the firefighters, do you?
Mr. Bryson: No, we don't.
Vice Chairman Gort: With this software, we'll be able to communicate with our main
software — our main frame?
Mr. Bryson: Just for clarification, Commissioner, we do have a separate section that
handles our payroll that interfaces with the City's payroll system. But, yes, sir, this will
interface with the system's ITD (Information Technology Department), as said in our
meetings, too.
12 May 11, 2000
Vice Chairman Gort: OK. Thank you. 'Commissioner Sanchez.
Commissioner Sanchez: Question. Your payroll is done in the Fire Department and
passed over to the City's Finance Department, correct?
Mr. Bryson: That's correct, sir.
Commissioner Sanchez: And this program that you are asking for will provide you with
what type of assistance?
Mr. Bryson: I don't ;understand that.
Commissioner Sanchez: What is it that the program does?
Mr. Bryson: OK. You want to — go ahead. Here, let me move this.
Mr. Maurice Kemp: Maurice Kemp, Deputy Fire Chief. This system was developed for
public safety, for Police and Fire, specifically for Fire. Because of the uniqueness in the
way we operate, there are a lot of rules and regulations, as well as a lot of things we do
now manually that this will automate for us. We've had a lot of problems with Fire
payroll over the years, and this will help us a lot with doing things properly and more
efficiently.
Commissioner Sanchez: Well, I can understand that concept. But here's where I want to
get to. We've spent, in the last two years, close to about seven million dollars
($7,000,000) on technical — on the technical aspect of information, Aldo, and when
programs are put forth here in this Commission and you .tell us this will be able to
interlink all the departments and simplify the process -- you know, you come in front of
this Commission and you tell us what the program is for and what it is supposed to do.
And now, what I'm starting to see is, I'm starting to see departments come forth and
requesting programs. I can understand this program is designed for public safety. I do
understand that concept, but I want to get across is, Aldo, that we're — we spend millions
of dollars on programs, and we can't continue to come in front of this Commission saying
that we need one more program for this and that. I mean, maybe to simplify things, the
process should have come out through the technology department to simplify.
Mr. Kemp: We have worked with ITD and will continue to work with ITD to ensure
compatibility with the Citywide systems. We're not working along on this.
Commissioner Sanchez: I'll tell you what. If I could just ask the City Manager to provide
me on exactly how much money we have spent on technology in the, last two years,
pertaining to what departments benefited from the programs that we bought, so I could
have a better understanding of how much money we've spent and where the money has
gone.
13 May 11, 2000
Vice Chairman Gort: Commissioner Sanchez, we requested that about a month ago. My
understanding, they're working on it, to come back to us and let us know what the five-
year program is, what the expenditure have been, and, most important, what are the
benefits of the residents of the City of Miami that we can provide for them. So, they'll be
coming up soon and...
Mr. Aldo Stancato: Aldo Stancato, Information Technology. Commissioner, we spent —
IT (Information Technolgy), it self, has spent approximately, over the last three years,
about twelve million dollars ($12,000,000).
Commissioner Sanchez: Twelve million dollars ($12,000,000).
Mr. Stancato: The majority of this money has gone into the hardware and the
infrastructure of developing the network. The next subsequent steps are going to be
software and software replacement. A lot of this stuff that we have on the mainframe
today is 10, 12, 15, 18 years old, and is ,going to need replacement. This software here
that we're going to have for the Fire Department is essentially to ease the data entry
portion of the payroll process, and will feed into our current payroll and will also be able
to feed into the next generation of payroll systems that we have.
Vice Chairman Gort: Aldo,, correct me if I'm wrong, but .my understanding was, we
spent at least about five to seven million dollars ($7,000,000) replacing the mainframe.
Mr. Stancato: Correct.
Vice Chairman Gort: Now, along with the mainframe, we allocated funds for this type of
software that's going to be coming up. I think what is important, what we discussed
before, you should come up with a whole comprehensive plan so that everybody has an
understanding and this is part of the whole master plan that you put together. OK?
Mr. Stancato: Later on today you'll see that there's an item that talks about a strategic
plan for the City.
Commissioner Sanchez:. And I can understand the concept, but this is what — technology
nowadays, you're talking about less than three years, most of the programs are obsolete.
I give you a perfect example. When I was with the Tlorida Highway Patrol, with the new
radios that we got, the program was designed for the whole State of Florida. By the time
it reached West Palm Beach, it was obsolete. Until today, present day, the whole radio
communication system isn't completed because by.the time that it got so far up north, it
was obsolete. And what we need to ask here is — you know, we spent twelve million
dollars ($12,000,000), which is probably well -spent money, because technology,
nowadays, we need it to provide better service.. But what I don't want to see is, have
different departments come here and continue to ask for programs that could be adaptable
to this. You know, you should have come and say, "Hey, look, we're going to spend
seventeen million and this is going to take care of everything." I don't know if that could
have been done, but, you know, my concern is we can't continue to come here and say,
14 May 11, 2000
"We need a hundred and fifty thousand, two hundred thousand for this program,"
because, in the long run, we might over -expend money — we might get to twenty million
dollars ($20,000,000).
Vice Chairman Gort: Commissioner Winton..
Commissioner, Winton: Well, it seems to me that what Commissioner Gort said is
probably very important to us, and that is to - you know, I'm not sure I agree with the
idea that we're not going to spend a hundred thousand dollars ($100,000) or two hundred
thousand dollars ($200,000) in separate departments for a separate software specifically
related to their departments, but what we do need to know is is that it is a part of a master
plan, so that we know what the total — the global dollars are that we're going to need,
itemized by department, and you can come to us and say, "Here's — you know, we're now
in phase III in our IT program and phase III requires we spend three hundred thousand,
two of it to go to it department, a hundred to .that department." And the other piece that I
think that we need to see -- and it would have been perfect in this one — is, you said this
will create some new efficiencies within the Fire Department. It will take manual tasks
away from people and automate them. Generally speaking, you can quantify a dollars
savings associated with that, and I think every time you have that opportunity to show
where the dollar savings are, it needs to be in here so we can see the net costs to the
community. OK.
Mr. Stancato: Yes, sir.
Vice Chairman Gort: Thank you. Do I have a motion?
Commissioner Sanchez: So moved.
Vice. Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank you, sir.
15 May 11, 2000
•
•
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-385
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER
DULY ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF SOLE SOURCE, AND WAIVING THE
REQUIREMENTS FOR, COMPETITIVE SEALED BIDS;
APPROVING THE ACQUISITION OF TELESTAFF, AN
AUTOMATED STAFFING SOFTWARE PROGRAM, FROM
PRINCIPAL DECISION SYSTEMS INTERNATIONAL (66PDSI99),
THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF
FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $102,000,
PLUS THE PROCUREMENT OF SERVICE AND SUPPORT FOR
THE SYSTEM, IN AN ANNUAL AMOUNT OF $13,824,
BEGINNING THE SECOND YEAR, WITH THE OPTION TO
EXTEND SAID SERVICE AND SUPPORT FOR FOUR (4)'
ADDITIONAL ONE (1) YEAR PERIODS AT A MAXIMUM 5%
INCREASE PER YEAR, CONTINGENT UPON THE AVAILABILITY
OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A LICENSE AGREEMENT WITH PDSI, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING
FUNDS THEREFOR FROM CIP PROJECT NO. 313303, ACCOUNT
NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
16 May 11, 2000
•
Vice Chairman Gort: Item 3 is a sole source, a, purchase of ten thousand dollars
($10,000) annual costs, and this is, my understanding, is to integrate our police computers
with theMetro, and get us statistics and information needed from Metro -Dade.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Am I correct? It's been moved. Is there a second?
Commissioner Winton: ' Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
17 May 11, 2000
The following resolutionwas introduced by Commissioner Sanchez, who moved its
adoption:.
RESOLUTION NO. 00-386
A RESOLUTION OF THE MIAMI CITY
COMMISSION BY A FOUR-FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF SOLE SOURCE, AND WAIVING THE
REQUIREMENTS. FOR COMPETITIVE SEALED BIDS;
APPROVING THE PURCHASE OF MAINTENANCE OF
HARDWARE AND RENEWAL OF THE SOFTWARE
LICENSE OF THE UNIGATE SYSTEM FROM DYNAMIC
SOLUTIONS , INTERNATIONAL (DSI), (NON-
MINORITY/NON-LOCAL VENDOR, 1 INVERNESS DRIVE
EAST, ENGLEWOOD, COLORADO), FOR THE
DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT
NOT TO EXCEED $10,000, AND PROVIDING FOR AN
EXTENSION OF TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.670;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID SERVICES.
(Here follows body of resolution; omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
18 May 11, 2000
Vice Chairman Gort: Opsail Miami 2000. Robert Holtzman. You sure don't look like a Robert
Holtzman.
Ms. Christi Saltz: Good morning, Commissioners. Robert Holtzman is ill.
Vice Chairman Gort: Your name is?
Ms. Saltz: My name is Christi Saltz.
Vice Chairman Gort: Question. My understanding, you're here requesting certain -- have you met
with the management, yet?
Ms. Saltz: Yes.
Vice Chairman Gort: Do we have any recommendations from management's office?
Commissioner Sanchez: Administration's recommendation is approval.
Vice Chairman Gort: It's two thousand six zero eight, is that correct?
Chief Raul Martinez (Chief of Police): Commissioner, Raul Martinez, Chief of Police. I'm not
completely up-to-date on the Opsail. I know that there were certain requests for in-kind services
from the Police Department and there was an agreement and that was a part of the agreement, that
any policing that has to do with the parking lots, because they're going to be charging for parking. I
think Quik Mark, one of the other companies who's going to be doing that -- the parking lot
company will pay for those off-duty officers that do traffic and security for the parking lots. If there
are any other needs for policing anywhere else, other than the parking lots, is the in-kind services
that you have. We have a number that's like ten thousand dollars ($10,000) per policing.
Vice Chairman Gort: Ten thousand ten.
Chief Martinez: Yeah, but I think that's inclusive of both. I don't think we separated the parking lot
security and the parking lot issues, which we shouldn't grant -- we're not recommending granting
in-kind services for that. The parking lot, it's going to make money. From those monies, they're
going to have to pay for security for the parking lots. I'm not ready to tell you, from the ten
thousand plus, how many is for the parking lots, how many it is not. But, I mean, if you approve for
the other security to be done, in-kind will do that. We'll just take it out from that amount.
Vice Chairman Gort: Also, the total is the seven thousand from the police, seven thousand four
hundred, and two thousand for permit fees. You all recommend?
Chief Martinez: And, Commissioner, let me clarify. The seven thousand dollars ($7,000) for
Police is actually ten thousand eight hundred dollars ($10,800) for Police with the latest budget.
19 May 11, 2000
Again, to repeat myself, I'm not sure from the 10/8 how many are parking and/or the parking lots.
That should not be included in the in-kind services.
Vice Chairman Gort: OK. Questions? Do I have a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-387
A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO
OPSAIL MIAMI 2000, TO TAKE PLACE AT THE DANTE FASCHELL
PORT OF MIAMI, BETWEEN JUNE 6-10, 2000; DIRECTING THE
CITY MANAGER TO AUTHORIZE: (1) THE WAIVER OF PERMIT
FEES RELATED TO THE EVENT, AS PERMISSIBLE BY THE CODE
OF THE CIY OF, MIAMI, FLORIDA, AS AMENDED; AND (2) THE
PROVISION OF IN-KIND SERVICES BY THE DEPATMENTS OF
POLICE, FIRE- RESCUE, GENERAL SERVICES ADMINISTRATION,
SOLID WASTE, AND PARKS AND RECREATION; CONDITIONING
SAID AUTHORIZATIONS UPON THE ORGANIZER: (1) OBTAINING
ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT NOT WAIVED HEREIN; (3)
OBTAINING INSURANCE TO PROTECT THE CITY MANAGER OR
DESIGNEE; (4) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER
OR DESIGNEE; AND (5) APPLYING ANY PROFITES REALIZED BY
THE ORGANIZER ' AS A RESULT OF ITS PARKING OPERATION
DURING HE EVENT AS PAYMENT FOR SECURITY COSTS AT
THE PARKING LOTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
20 May 11, 2000
Upon being seconded .by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
21 , May 11, 2000
Vice Chairman Gort: OK. Next one is the — Mr. Ron Cohen, FOP (Fraternal -Order of
Police) Miami Lodge 20. Mr. Cohen is not here? OK.
Ms. Maria Chiaro (Assistant City Attorney): Mr. Chairman.
Vice Chairman Gort: Item 6. .
Ms. Chiaro: Mr. Chairman, I've had discussions with Mr. Cohen and several meetings
with him. My office -- City'' Attorney's. Office would like to make a written
recommendation and submit it, so we ask that this be moved to the next agenda.
Vice Chairman Gort: Okey doke.' We'll continue it.
22 May 11, 2000
Vice Chairman Gort: Item 7. Ordinance reappealing and reenacting...
Mr. Carlos Gimenez (City Manager): Mr. Chairman, we request that this item be pulled.
Commissioner Sanchez: Number 7?
Vice Chairman Gort: Are there any other items to be pulled? Item 7, you want to pull?
Mr. Gimenez: Item 7 we want to pull.
Vice Chairman Gort: Any other items you want to have pulled?
Mr. Gimenez: No, sir. The only request that, before you take up item number 9 that you
take up item number 23..
Vice Chairman Gort: OK. Item 8.
Mr. Alejandro Vilarello (City Attorney): I'm sorry. Mr. Chairman. Mr. Chairman.
Vice Chairman Gort: Yes.
Mr., Vilarello: Mr. Chairman, before we get away from Item 7, it should not be pulled. It
should be deferred to a date specific because we've already had first reading and
advertised for this meeting.
Vice Chairman Gort: Which one...
Mr. Vilarello: It's item 7, with regard to cable. It should be deferred to a date specific.
Vice Chairman Gort: Oh, OK.
Commissioner Sanchez: Motion to defer to the 25th
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
23 May 11, 2000
E
The following motion was introduced by Commissioner Sanchez, who moved its
adoption:
MOTION NO. 00-388
A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM 7
(PROPOSED SECOND READING ORDINANCE PROVIDING TERMS
AND CONDITIONS FOR OPERATION OF CABLE TELEVISION
SYSTEMS) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR MAY 25, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Regalado: On item 7, Mr. Chairman, just a brief comment. Mr. Manager
and Mr. City Attorney, yesterday, the FCC (Federal Communication Commission)
approved the business deal between AT&T (American Telephone & Telegraph) and
Mediaone, so its now official throughout the country, and I think that it's important that
Mr. Liebowitz move forward in the details of that still were pending. But it's approved
now by the FCC, so there is no more discussions in terms of who -is going to own what.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I'll make sure
Mr. Liebowitz is at the next Commission meeting and will be able to
report to you specifically, on the impact of that approval.
24 May 11, 2000
Vice Chairman Gort: Item 8 is the amended Ordinance Number 10021 to
add an additional LETF (Law Enforcement Trust Fund) funding. of one
point eight ninety six eight two five. My understanding, that makes it the
grand total of thirty two million. Of that, how much we have left?. Do
you know?
Major Joseph Longueira: C.ommissioner, we're adding two million to the
fund now.
Vice Chairman Gort: I understand.
Major Longueira: I don't know how much is not spent. In other words,
what's in the fund?
Mr. Carlos Gimenez (Chief of Fire): We've got about -- probably about
forty thousand left, right?
Major Longueira: We've got. about forty thousand of uncommitted money
left in the fund. We're adding two million, you know, for projects coming
up that we know are going to need to be funded.
Commissioner Sanchez: So move Item 8
Commissioner Winton: Second.
Vice Chairman Gort: OK. It's been moved. Is there a second? Any
further discussion? Being none, all in favor state by saying "aye."
Mr. Alejandro Vilarello (City Attorney): It's. an ordinance.
Mr. Walter J. Foeman (City Clerk): It's "an ordinance:
Vice Chairman Gort: It's an ordinance. Read it. Roll call.
25 May 11,2000
0 i
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10021, ADOPTED JULY 18,
1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE
LAW ENFORCEMENT TRUST FUND, RECEIVED AND
DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, THEREBY PROVIDING FOR AN
INCREASE IN THE AMOUNT OF $2,000,000, AS A
RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of April 13, 2000, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The ordinance was read by title into the public record by the City Attorney.
Said ordinance was designated Ordinance No. 11924
26 May 11,2000
Mr. Carlos Gimenez (City Manager): No. We need to take up Item 23, prior to taking up Item
Number 9.
Ms. Bertha Henry (Assistant City Manger-Finance/Administration): Bertha Henry, Assistant City
Manager for Finance/Administration. Unfortunately, Commissioner Teele isn't here but we'll start
the discussion and if you're uncomfortable, we can move -- we can address it a little later. But, as
you recall, when KPMG representatives were here to discuss the audit, the Commissioner had
asked that the discussion be delayed until such time as some issues that affected the financial
statements for the CRA (Community Redevelopment Agency) could be resolved. We have met
with the staff of the CRA and the auditor and various individuals to try and resolve what those
issues were. Basically, what you have in front of you is a resolution that does several things., The
first thing that it does is... Since 1996 through 1999, the Commission has appropriated anywhere.
from two hundred seventy-nine thousand to three hundred thousand dollars ($300,000) for the
CRA. During that period of time, we have not always transferred the money over to the CRA. For
1999, specifically, we were engaged in contract negotiations or an agreement so, we had transferred
the first half but, at that point, because we were negotiating an agreement, we withheld the rest.
When we went back to reconcile that issue, we determined that there was about five hundred and
fifty-nine thousand dollars ($559,000), over that three-year period that was not transferred to the
CRA, but appropriated for that purpose. So, it would -- in this case, it would make-up the
difference that was not appropriated.
Commissioner Sanchez: So this -- these were funds that were supposed to go to the CRA and were
not transferred...
Ms. Henry: Yes. As you...
Commissioner Sanchez: ...and it's owed to the CRA?
Ms. Henry: Yes, the Commission has a general fund appropriation for the CRA each year and over
that period of time, we didn't always transfer the money, whether we didn't have it or it could be
various reasons why it didn't happen. But it didn't happen. The second issue has to do with a
special obligation debt issue that the City backed on behalf of the CRA and, over time, the City has
provided the lion's share of the debt service for that debt obligation because the tax increment fund
did not generate sufficient funds to pay the debt. We backed it; we pledged our revenue to back
them up. What this resolution does is codifies what has been happening in practice with regard to
the debt service retiring that debt. In addition, as part of resolving these issues, the Commissioner,
on a number of occasions, has brought to this Commission his concerns about a transaction that
took place some time ago, and it's a transfer of some land for the Miami Arena -- to transfer to
27 May 11, 2000
MSEA (Miami Sports and Exhibition Authority) for the Miamarina, and there was some contention
about how that happened and then the CRA did not benefit from that transaction. The second issue,
which the Law Department confirms, at some point in time there was an agreement that parking
revenue generated around the Arena would go to the benefit of the CRA and that did not always
happen. So...
Mr. Alejandro Vilarello (City Attorney): Could I interject for a moment? It wasn't parking revenue
around the Arena. It was some particular lots owned by the CRA...
Vice Chairman Gort: Owned by the CRA, yeah.
Mr. Vilarello: ...which the revenues of those parking lots should have gone to the CRA but were --
actually went to the City. So, it's not all revenues related to parking lots but particular ones that
were owned by the CRA.
Commissioner Winton: And it never went?
Mr. Vilarello: And it did not go to the CRA.
Ms. Henry: Well, we attempted to rectify a portion of that at the end of 1999. We did not go back,
time in memorial, to try and capture that. So, the agreement that we are presenting for you today
does several things. It allows us to provide the CRA with the funds that were appropriated and not
transferred to the CRA over time; it allows us to codify what has been happening in practice, that
we're paying three hundred thousand dollars ($300,000) towards the retirement of that special
obligation debt; it allows us to sort of — and, you could use the appropriate term from the Law
Department but, hopefully, we've resolved the outstanding issue of the back parking revenue and
the lands transfer to MSEA on behalf of the Knight Center [phonetic].
Vice Chairman Gort: Questions.
Commissioner Winton: Have we done any calculations to determine whether or not the three
hundred thousand dollars ($300,000), which will be paid, which has been paid all along, plus the
three hundred thousand per year and the remaining term of this...
Vice Chairman Gort: Allocation.
Commissioner Winton: ...bond allo -- bond debt, whether or not that -- the sum of that -- all of
those years of those payments comes anywhere close to being equal to what the parking revenue
would have been, plus the value of the land that didn't get properly handled? I mean, has there been
any calculations to...
Ms. Henry: Commissioner, I have some information on that. This debt issue goes all the way to
2019. So, if you start addressing present value issues, you're probably coming to an equitable swap.
Commissioner Winton: OK. That's what I wanted to know.
28 May 11, 2000
Ms. Henry: Right.
Vice Chairman Gort: Any further questions? I do have a question. What's the total we're talking
about in here? You're talking about three hundred thousand dollars ($300,000)? I mean you're also
talking about five hundred and ninety-nine fifty-two. Is this part also of the CRA budget?
Ms. Henry: The five hundred and fifty-nine thousand would come from our reserves -- our fund
balance and that's a one-time payment and then we're back on the normal.
Vice Chairman Gort: OK, OK.
Ms. Henry: Whatever you appropriate is what they get...
Vice Chairman Gort: OK.
Ms. Henry: ... and that would resolve that issue. And, the three hundred thousand is some...
Vice Chairman Gort: Is for debt service.
Ms. Henry: Is for debt service.
Vice Chairman Gort: My second question is: is debt service being paid by the City or by the CRA,
independently?
Ms. Henry: It's being --.because we act as their fiduciary...
Vice Chairman Gort: Right.
Ms. Henry: ... the debt is actually going to run through the books of the CRA.
6
Commissioner Winton: But, the money is coming from the City?
Ms. Henry: But, the revenue is coming from the City.
Vice Chairman Gort: OK, thank you. Any further questions on Item 23?
Mr. Vilarello: Just one item.
Vice Chairman Gort: Yes, sir.
Mr. Vilarello: Just for the record, I'd like to make sure. We had a substitute resolution. The
resolution that is being considered by the City Commission now is noted in the top right-hand
column as Item Number 23, Regular City Commission Agenda, May 11, 2000, replacement
resolution.
Vice Chairman Gort: I'm sorry. Come again.
29 May 11, 2000
CJ
Mr. Vilarello: It's a replacement resolution. It should be before you. It was distributed, I believe,
independent of the package. It is on the dais. It was...
Commissioner Winton: And...
Mr. Vilarello: It should be noted in the top right-hand column as I just read. Just replacement
resolution.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Winton: Commissioner Teele isn't here, which makes me nervous.
Ms. Henry: There is Commissioner Teele.
Commissioner Winton: OK. So, Commissioner Teele, we've discussed this item.
Vice Chairman Gort: We already made the motion.
Commissioner Winton: I was prepared to move it but I was nervous to move it, given the fact that
you weren't here.
Commissioner Sanchez: So moved.
Vice Chairman Gort: Is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Commissioner Sanchez: Well, you moved it, right?
Commissioner Winton: I'll move it.
Commissioner Sanchez: I'll second it.
Commissioner Winton: Fine.
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying "aye."
30 May 11, 2000
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 00-389
A RESOLUTION OF THE MIAMI CITY COMMISSION
RATIFYING AND AUTHORIZING THE ANNUAL
PAYMENT OF $300,000 FROM THE CITY'S
GUARANTEED ENTITLEMENT REVENUE FROM
THE STATE OF FLORIDA TOWARDS THE
RETIREMENT OF THE SERIES 1990 SPECIAL
OBLIGATION DEBT ISSUED ON BEHALF OF THE
COMMUNITY REDEVELOPMENT AGENCY ('CRA"),
AND PAYMENT OF $559,522 FROM PREVIOUSLY
AUTHORIZED GENERAL FUND SUBSIDIES FROM
FISCAL YEARS 1997 THROUGH 1999 IN
CONSIDERATION FOR 1) LAND DEEDED TO THE
CITY BY THE CRA FOR USE BY THE MIAMI SPORTS
AND EXHIBITION AUTHORITY, AND 2) IN
CONSIDERATION OF ANY CLAIMS BY THE CRA
FOR BACK PAYMENT OF REVENUE COLLECTED
BY THE DEPARTMENT OF OFF-STREET PARKING
FROM PARKING ON LAND OWNED BY THE CRA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
31 May 11, 2000
Vice Chairman Gort: Back to item 9, mid -year appropriation adjustments,
second reading. This is a second reading on the adjustment. Is there any
questions?
Ms. Bertha Henry (Assistant City Manager): Once again, this is Bertha
Henry, Assistant City Manager for Finance and Administration. One of
the reasons we ask that Resolution Number 23 be moved up was so that
the five hundred and fifty nine thousand dollars ($559,000) that we would
have to transfer to the CRA (Community Redevelopment Agency), if we
could amend further on the floor the ordinance to provide for that five
hundred and fifty nine thousand.
Commissioner Winton: Move it.
Ms. Henry: We would request that that be done.
Commissioner Sanchez: Second.
Vice Chairman Gort: Are we making a motion on the floor -- on the
amendment, right? OK. It's moved and second. Is there any discussion?
Being none, all in favor state by saying "aye."
Mr. Alejandro Vilarello (City Attorney): It's an ordinance. This is just.
one more item, and I haven't seen the attachments. There was an item
passed by the City Commission last week with regard to an allocation of
funds from the . Sister Cities Program for budget advisor. Is that in this
ordinance?
Ms. Henry: The budget for Sister Cities was never reduced. It was just a
certain amount of the money within the Sister Cities budget was placed in
budget reserve because, as you recall, the Commission said, "Well, we
won't cut the budget. We'll have the Mayor come back and present us a
program." So, the money is there. We don't need to make any further
amendments to enact that.
Mr. Vilarello: So, there has been a reallocation within the ordinance or
not?
32 May 11, 2000
0 •
Ms. Henry: The original budget contained the money. What the
Commission did during the budget discussion was, they said, "We would
limit the amount of expenditures -- we won't cut the budget, but we would
limit the amount of expenditures to what was spent last year." So we took
-- that was 76,000. We appropriated the 76,000. We put the balance of
the budget into a budget reserve within that budget, so all we'd have to do
is a simple transfer. We don't need to add just the Sister Cities budget to
do that.
Vice Chairman Gort: Right. OK.
Mr. Vilarello: It's an ordinance.
Vice Chairman Gort: We have on the floor right now a motion to amend
the -- what we just passed on item 23. It's been moved and second.
Commissioner Teele: That's on the amendment?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: It was moved by Commissioner Winton. Seconded
by Commissioner Sanchez.
Commissioner Sanchez: Second.
Vice Chairman Gort: That's correct. Any discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Winton, who
moved its adoption:
33 May 11, 2000
MOTION NO. 00-390
A MOTION TO MODIFY AGENDA ITEM 9 (PROPOSED SECOND
READING ORDINANCE AMENDING ORDINANCE 11839, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR FY 2000, FOR
ADJUSTING APPROPRIATIONS RELATING TO OPERATIONAL
AND BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS) TO INCLUDE $300,000 PAYMENT TOWARD
RETIREMENT OF SERIES 1990 SPECIAL OBLIGATIONS DEBT
ISSUED ON BEHALF OF COMMUNITY REDEVELOPMENT
AGENCY [CRA] IN CONSIDERATION FOR LAND DEEDED TO
CITY BY CRA FOR USE BY MIAMI SPORTS AND EXHIBITION
AUTHORITY, AND FURTHER CONSIDERATION OF ANY CLAIMS
BY THE CRA FOR BACK PAYMENT OF REVENUE COLLECTED
BY THE DEPARTMENT OF OFF-STREET PARKING FROM
PARKING ON LAND OWNED BY THE CRA, AS PROVIDED IN
RESOLUTION 00-389.
Upon being seconded by Commissioner Sanchez, the motion was passed
and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: On the readjustment. This is second reading. Is
there any questions on any of the items?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved..
Commissioner Sanchez: Second.
Vice Chairman Gort: Is there a second? Is there any further discussion?
Commissioner Teele: Discussion.
Vice Chairman Gort: Discussion.
34 May 11, 2000
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I had
indicated to the -- Mr. Warshaw and Ms. Henry that it was my intent to
defer this item because there are a number of things that are wrong in this
budget. In light of what we have done and in light of where we are right
now, I intend to pass this budget and to request the Manager to present to
this Commission, within 60 days, a reconciliation of the budget that must
be done. I think the reconciliation instruction should come as a part of
the confirmation process, but this budget, as the past budget, has several
defective structural flaws, which Ms.. Henry is aware of, which the
Manager is aware of. I think there are a combination of factors that we
get into. The attorney is aware of them. And I think, one of the things
that we've got to do is, we cannot complete this year without correcting
the structural problems in this budget. In that regard, you know -- I said
this at the last -- when we passed this for first reading. The Manager
assured me that they would take this under advice. We asked the attorney
to work with the Manager. Did you give the Manager the advice that
there are some structural issues on this budget?
Mr. Alejandro Vilarello (City Attorney): The Manager and his staff are
fully advised of the issues that you raised, Commissioner Teele.
Commissioner Teele: But, do you agree or concur that this is a structural
problem with this budget?
Mr. Vilarello: Commissioner, I -- the issues are being dealt with in next
year's budget, and they can be dealt with in this year's budget, if that's the
direction of the City Commission.
Commissioner Teele: But I understand what you're saying about next
year's budget, but we're the ones that are being asked to vote for this now.
And all that I'm saying is that, I don't mind voting for a budget that has
some structural issues in it, as long as we correct it. That was the
assumption that we made in September, that it, would be corrected
midyear. And, so, I think we all know .--. I think the uniquely, Mr.
Rollinson, if he has been appointed, as this letter suggest,. is probably one
of the best persons to deal with those issues. So, I just think that the
Commission should be on notice that the problem associated with the
collection of building fees is a problem, and it is not addressed in this
issue, which was promised that it would have been by the previous
Manager, and that's all that 1, you know, want to say.
Vice Chairman Gort: My understanding is, you can bring it back within
thirty to 60 days, with some other adjustments and changes to it.
Commissioner Teele: It will have to be a first and second reading.
35 May 11, 2000
Vice Chairman Gort: Right.
Ms. Bertha Henry (Assistant City Manager): Yes.
Vice Chairman Gort: All right. So, will you make us all.aware of -- and
come back to us?
Mr. Carlos Gimenez (City Manager): Yes, sir
Vice Chairman Gort: All right. Is there any further discussion? Being
none, all in favor state by saying "aye."
Mr. Walter Foeman (City Clerk): It's an ordinance.
Mr. Vilarello: It's an ordinance.
Vice Chairman Gort: Go ahead, read it. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11839, AS AMENDED, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL
YEAR ENDING SEPTEMBER 30, 2000, FOR THE PURPOSE
OF ADJUSTING SAID APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY REQUIREMENTS OF
CERTAIN CITY DEPARTMENTS AS MORE
PARTICULARLY SET FORTH HEREIN; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was passed on its first reading, by title; at the meeting of April 13, 2000, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner Winton,
seconded by Commissioner Sanchez, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
36 May 11, 2000
•
The ordinance was read by title into the public record by the City Attorney.
Said ordinance was designated Ordinance No. 11925 0
37 May 11, 2000
Vice Chairman Gort: Item 10 is the amendment to the City Code, first
reading ordinance, amending Code Section 54-19. My understanding is --
I thought we had moved on our last meeting, the Northwest 2ND Avenue.
Commissioner Sanchez: It's second reading.
Vice Chairman Gort: Oh, it is second reading. OK. I thought --
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is this --
Commissioner Winton: Second.
Vice Chairman Gort: Is there any discussion? Being none -- it's an
ordinance.
Commissioner Sanchez: It's an ordinance.
Vice Chairman Gort: It's an ordinance. Roll call.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 54/ARTICLE V/SECTION 54-190 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STREETS AND
SIDEWALKS/BASE BUILDING LINES /NONSTANDARD
STREET WIDTHS," TO MODIFY, THE WIDTH OF
NORTHWEST 2" AVENUE BETWEEN NORTHWEST 8TH
STREET AND NORTHWEST 9TH STREET,. MIAMI,
FLORIDA; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
38 May 11, 2000
was passed on its first reading, by title, at the meeting of April 27, 2000, was taken up for
its second and final reading, by title, and adoption. On " motion of Commissioner
Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
Said ordinance was designated Ordinance No. 11926.
39 May 11, 2000
Vice Chairman Gort: Item 11, amendment to the City Code. Retirement
Trust, GESE (General Employees and Sanitation Employees) Trust.
Second reading. Do I have a motion?
Commissioner Sanchez: So moved.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved. Is there a second? Discussion?
Being none, read the ordinance. Roll call.
An Ordinance Entitled -
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40/ARTICLES IV/DIVISION 3, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "PENSION AND RETIREMENT
PLAN", PROVIDING THAT CERTAIN EMPLOYMENT
CATEGORIES SHALL BE PERMITTED TO REJECT
MEMBERSHIP IN THE CITY OF MIAMI GENERAL
EMPLOYEES AND SANITATION EMPLOYEES
RETIREMENT TRUST UNDER CERTAIN
CIRCUMSTANCES, AND SETTING FORTH CONDITIONS;
MORE PARTICULARLY BY AMENDING SECTION 40-250;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
40 May 11, 2000
•
was passed on its first reading, by title, at the meeting of April 27, 2000, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The ordinance was read by title into the public record by the City Attorney.
Said ordinance was designated Ordinance No. 11927.
41 May 11, 2000
Vice Chairman Gort: Item 12. This is a resolution granting an easement
to Miami -Dade County for facility install for Winn Dixie at the Civic
Center. Yes, ma'am.
Ms. Laura Billberry (Director, Asset Management): Laura Billberry,
Director of Asset Management. Item 12 and 13 are related items. Item 12
is a 12 foot wide water line easement to the Water and Sewer Authority
Department, and item 13 is a '15 foot wide sewer line. - Both are to service
the Winn Dixie site, similar to an easement that was granted to FP &L
(Florida Power & Light) toward the end of last year. We are not
recommending any fee be imposed on this since it is to service the new
building. Additionally, this has a little impact on the City, since this is a
covenant that runs on the property that the property is to be used for
parking purposes for the public and Winn Dixie.
Vice Chairman Gort: OK. Is there any questions?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I have a number of questions and concerns. First,
the County never waives fees to the City. All over this City -- and if you
-- Mr. Manager, I would invite you, in the Parks program, all of the Parks
bond money, those numbers are all wrong now because the water and
sewer is charging all sorts of fees. Now, we're a City in financial crisis,
if you read the paper. The County has four billion dollar
($4,000,000,000) budget. We have a 300 million dollar budget. The
County doesn't waive any fees to the City. I mean, they charge us to
connect on everything. I can't vote -- I mean -- and, to be honest with
you, it is absolutely exorbitant what they are charging us. In Hadley
Park, as an example, where there is a full swimming pool, they are
charging a connection fee for a little annex for water, of something like --
where is the Public Works director? Something like forty thousand
dollars ($40,000).
Commissioner Winton: And making you run a new larger line, I think.
42 May 11, 2000
Commissioner Teele: And they made us put in a new line four years ago.
And where are the Parks people? I mean, part of what's wrong with this
City is that every department is their zone -- what's the word from English
-- old English --
Mr. Carlos Gimenez (City Manager): thiefdom (sic).
Commissioner Teele: Thiefdom (sic). That's exactly the word. Came
from you. That's exactly the word. And everybody has -- you need five
assistant Managers, as far as I'm concerned. We need half of the number
of departments, but we need -- because nobody coordinates. It's every
department up there speaking for themselves. And if -- I can assure you,
if the Parks director -- is he here? If you would come forth. If you were
presenting this, would you waive any fees to the County?
Mr. Albert Ruder (Director, Parks & Recreation): No, I wouldn't.
Commissioner Teele: Why?
Mr. Ruder: Because they have been charging us for all these different
projects. Even though Hadley Park -- there was a meeting this week, and
they did decide to waive that one.
Commissioner Teele: Because we've called them and put pressure. But
how much money, roughly, are they charging on this stuff? I know Public
Works does your work.
Mr. Ruder: Yeah.
Commissioner Teele: You need to state on the record, Mr. Director, that
we are paying substantial dollars for every capital project that we do to
the County Water and Sewer Department for connections, et cetera, to say
nothing about the economic development of places like Soyka (phonetic)
and those people and all of that. Now, why would we waive?
Mr. Ruder: And, Commissioner Teele --
Commissioner Teele: I mean, we're the poor cousin. We're not the rich
uncle here.
Commissioner Winton: In Virrick Park, we had to pay a sixteen thousand
dollars ($16,000) hook - up fee and the County could never explain why
we had to pay that kind of fee. So, it's a - it has taken our Safe
Neighborhoods Parks bond issue money and reduced our ability to do the
kinds of things we need to do in these parks and, frankly, they are
probably doing it to themselves and to the County, as well.
43 May 11, 2000
•
Mr. Ruder: They are. They are.
Vice Chairman Gort: My understanding is, it's a motion to defer so you
can go and negotiate and get a better deal from the City. Am I correct?
Commissioner Teele: I would ask that the matter be deferred and
negotiate an arms length rate -- don't -- not exorbitant. Whatever 's fair.
And, also, that we also negotiate for them to provide parks for their
employees this right in front of this area on 11TH Street, where those
people are parking all up and down. the street.. The Water and Sewer
people have no parking there. And, Mr. Public Works Director, we're
talking right next to the Winn Dixie, where they are all up and down the
street there.
Ms. Billberry: Just so you know, these fees will probably get passed
through to Winn Dixie, however, because it's lines that were installed for
their work.
Commissioner Sanchez: That was a motion to defer?
Commissioner Teele: A motion to defer, Mr. Chairman.
Commissioner Sanchez: Second.
Commissioner Teele: Mr. Chairman, I'd like to read into the --
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
44 May 11, 2000
The following motion was introduced by Commissioner Teele, who moved
its adoption:
MOTION NO. 00-391
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12
(PROPOSED GRANT OF EASEMENT TO MIAMI-DADE COUNTY
AT CITY OWNED PROPERTY MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", OF A 12 FOOT PERPETUAL, NON-
EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF WATER FACILITIES); FURTHER
INSTRUCTING THE ADMINISTRATION TO NEGOTIATE (1) AN
APPROPRIATE RATE FOR THE COUNTY TO PAY AND (2) THE
PROVISION BY THE COUNTY OF PARKING FOR MIAMI-DADE
WATER AND SEWER AUTHORITY [WASA] FACILITY NEAR
WINN DIXIE SITE.
Upon being seconded by Commissioner Sanchez, the motion was passed
and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman, I just want to read into the record.
Virrick Park, they are charging the impact fee of fifteen thousand; at Kirk
Monroe Tennis Center, eighteen thousand; at Melreese Country Club, a
hundred and fifty thousand; at the Kinloch Adult Development Center,
forty-eight thousand. This is just water and sewer fees being charged,
which are over and above what the project costs were, and these are like
new costs, and that's why we've got all these projects that are all backed
up now.
Vice Chairman Gort: All right.
45 May 11, 2000
Vice Chairman Gort: Item 14 is accepting a grant for the improvement of
Watson Island boat ramp, phase I I grant application.
Ms. Arleen Weintraub: Arleen Weintraub, Department of Real Estate and
Economic Development: Commissioner, this resolution is authorizing us
to apply for a grant for the next phase of the Watson Island boat ramp.
And this would be for the upland parking area improvements. We just
recently completed the waterside of the improvements from the same
granting agency, and, in fact, next Wednesday, we're going to have. a
reopening ceremony at the boat ramp, of which you all have been invited.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Commissioner Sanchez: Second, Discussion?'
Vice Chairman Gort: Discussion.
Commissioner Sanchez: Did we apply already for an inlet navigation
grant? Is this -- this will be the second one, correct?
Ms. Weintraub: This is the second one for Watson Island. The City has
applied very successfully for others in the past, as well. Yes.
Commissioner Regalado: Yes.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: Any funds available for the repair projection the
other side, which is where the marina?
Ms. Weintraub: We have just, in our department, sent out a letter this
week requesting qualifications from firm that's do marina development, to
get a better sense of what the extent of repairs for the existing marina,
and, in fact, to enlarge that marina for mega yacht facilities, and we're
expecting that back- in about six weeks, to take a look. at costs and the
edge treatment, dredging and the bulk heading and so forth.
46 May 11, 2000
Commissioner Regalado: We don't have funds?
Ms. Weintraub: At that point, we would'be able. to go forward for grants,
I think.
Commissioner Regalado.: OK.
Vice Chairman Gori: But I do have a question. My understanding, I think
it was a year, year ago -- and, Commissioner Regalado, I think, you the
one that brought this item to us -- there. is an existing facility that's be
being utilized by the pier 5 and some of the fishermen within that part of
Watson Island. At that .time, we visited the, place and, there was some
repair that, needed to be done in this, and this was a commitment for some
of the individuals this renting from us, that was willing to invest money if
we could come up with something. Have we worked on that or -- where
are we at on that one?
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort' Yes, sir.
Commissioner Regalado: As a' matter ' of fact, (inaudible) and what's
would. mean several months, I think, and it -- he told us there is some
money available now to do some repairs, and that because of litigation,
we couldn't do anything right now. But I believe that, if the City were to
talk to some of the people or most of the people there, they are willing to
pay for repairs and improvements,, and even cease and assist on any
litigation, but they need to have some assurances that they are going to
remain there -- I don't know -- for -- not to sign a contract. Not to sign an
agreement, but just let them stay there. And --
Vice Chairman Gort: They need to; get their return on their investment.
Commissioner Regalado: Exactly. Until, until they get their return on the
investment. At least until, they ,get their return on the investment. So,
Christina is -- they agree to cease on any litigation, if they are allowed to
stay there with improvement,. until they can show that they have gotten
their return on the investment. After that, you know, they are willing to
accept 30 days notice or 60 days or whatever. .Do.you agree with that?
Ms. Christina Abrams (Director, Public Facilities): We'll need to review
this with the Law Department because it's a pending litigation, to see, you
know, what our options are and to see how flexible we could be in that
area.
47 May 11, 2000
0 •
Commissioner Regalado: Yeah, but they are willing to .give up the
litigation. .That's what I'm saying.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I'm not familiar
with the litigation that we're discussing, • but if it is a � Watson Island
improvement and it's any kind of improvement to the upland, there is,-- of
course, Charter prohibitions against any kind. of agreement that would
allow --
Commissioner Regalado: , No, that's not -- that's not what they are
seeking. It's -- Christina knows about it.
Mr. Vilarello: Then, I would be more than happy to review it,
Commissioner, with Ms. Abrams.
Commissioner Rega.lado: And this is not about anything about new
contracts or nothing. It's just a minor improvement.
Ms. Abrams: We'll review it with the Law Department
Vice Chairman Gort: One of the things that we requested -- and when you
look back and look at some of the old time pictures of pier 5, this was a
lot of gray fish market. It was a great tourist' -attraction. And I think we
requested, whenever. you do your study for your mega yacht, if you could
also provide roomfor this type of facility. It would be an additional
amenity we can have there. It will be -- that's one of the things we
requested. But get together with them and see what you can come up
with. Commissioner Winton, you had a question?
Commissioner Winton: No. You said it.
Vice Chairman Gort: Thank you, sir. OK. Do I have a motion?
Commissioner Winton: So moved.
Commissioner Teele: So moved.
Vice Chairman Gort: It's been moved.. Second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Aye."
48 May 11, 2000
7
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-392
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AUTHORIZING THE CITY
MANAGER TO SUBMIT AN APPLICATION, TO THE FLORIDA
INLAND NAVIGATION. DISTRICT WATERWAYS ASSISTANCE
PROGRAM, FOR GRANT FUNDING IN THE ESTIMATED AMOUNT
OF $150,000, FOR THE WATSON ISLAND PUBLIC BOAT RAMP
REPLACEMENT PROJECT -PHASE II, FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E.. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
49 May 11, 2000
Mr. Vilarello: Mr. Chairman, on 'item 13, I believe the Commission's
intention was to defer that, but you took no action. Item 13 was the --
Vice Chairman Gort: Yeah, we took an action. We deferred it. We moved
it.
Mr. Vilarello: On 12
Mr. Walter Foeman (City Clerk): That was on 12.
Vice Chairman Gort: 12, OK. Thirteen. We need a motion for item 13.
Commissioner Winton: What are we doing with this?
Vice Chairman Gort: It's the same as 12. Defer the item.
Mr. Vilarello: I think the Commission wanted to defer that item as well.
Commissioner Winton: Move it.
Vice Chairman Gort: Moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Winton, who
moved its adoption:
MOTION NO. 00-393
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 13
(PROPOSED GRANT OF EASEMENT TO MIAMI-DADE COUNTY
AT THE CITY OWNED PROPERTY DESCRIBED IN EXHIBIT "A",
OF A 15 FEET WIDE PERPETUAL, NONEXCLUSIVE EASEMENT
ON THE PROPERTY FOR CONSTRUCTION, INSTALLATION,
OPERATION, AND MAINTENANCE OF SEWER FACILITY).
50 May 11, 2000
Upon being seconded by Commissioner Regalado, the motion was passed
and adopted by the following vote:.
AYES: Vice Chairman Wifredo Gort
Commissioner'Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 15, a resolution authorizing the extension of
external auditing services.
Mr. Scott Simpson (Assistant Director, Finance): Scott Simpson, Finance
Department. What we're looking to do is execute the final one-year
extension that's provided in the original contract with KPMG. Why we do
that? We're going to work with the financial advisor to determine -- to
draft an RF proposal to go.out and solicit new services, but --
Vice Chairman Gort: OK.
Vice Chairman Gort: Any questions? Any questions? Do I have a
motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-394
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EXTENSION TO THE PROFESSIONAL SERVICE AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH KPMG
L.L.P., CERTIFIED PUBLIC ACCOUNTANTS, FOR THE PROVISION
OF EXTERNAL AUDITING SERVICES FOR AN ADDITIONAL ONE-
YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $350,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
001000.260201.6330.28013.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
52 May 11, 2000
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Mr. Simpson: Thank you.
53 May 11, 2000
Vice Chairman Gort: Item 16. OK. Authorizing second strategic plan
consulting services. Yes, sir.
Mr. Aldo Stancato (Interim Director, Information Technology): Aldo
Stancato, Information Technology. Commissioner, this is to accept the
findings of the Evaluation Committee for the Citywide IT Strategic Plan
and authorize City Manager to expend the funds for that.. I'd like to
introduce the Chairman of the Evaluation Committee, Lee Holroyd, the IT
director for the City of Fort Lauderdale.
Vice Chairman Gort: Good morning, sir. Thank you.
Mr. Lee Holroyd: Good morning, Commissioners. How are you today?,
Commissioner Winton: Great.
Mr. Holroyd: I'd just like to make a few statements. Number one is that
the Evaluation Committee looked at several vendors, and we did think
highly of Arthur Anderson. They had just completed a summer strategic
plan with the City of Orlando. We're fortunate enough to have the same
project team that did that Orlando strategic team working for the project
that's going to take place in is the City of Miami. I thinkthis document
will becoming a living document because the monitoring plan that is also
being put into place, which will allow the changing directives each year to
be addressed in the strategic plan based on the directions the Commission
wants to take. I'll be glad to answer any questions you may have. I do
think this. falls into the other Commissioner 's concerns earlier, on how
we're spending this money and how does it all fit together in the long run.
Vice Chairman Gort: Thank you, sir. Any questions? Questions?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is this a second?
Commissioner Sanchez: Second.
Commissioner Winton: Now, this dollar amount - this was a part of the
recommendation of the Blue Ribbon Task Force, right?
54 May 11, 2000
C
Mr. Holroyd: Correct.
•
Commissioner Winton: And, so, it fits in with that plan, included -in the
budget associated with it?
Mr. Holroyd: Correct.
Commissioner Winton: Thank you.
Vice Chairman Gort: Any further discussion? Being none, all in favor
state by saying "aye.."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Winton,. who moved its
adoption:
RESOLUTION NO. 00-395
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE
FOR THE INFORMATION TECHNOLOGY STRATEGIC PLAN,
PURSUANT TO THE REQUEST FOR .PROPOSALS FOR THE
DEVELOPMENT' OF A COMPREHENSIVE CITYWIDE
INFORMATION TECHNOLOGY STRATEGIC PLAN FOR THE. CITY
OF MIAMI, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT, WITH THE TOP RANKED FIRM,
ARTHUR ANDERSON LLP, AT A COST NOT TO EXCEED $575,000
FOR CONSULTING SERVICES AND $28;800 FOR MONITORING
SERVICES, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY,, SHOULD NEGOTIATIONS FAIL WITH THE TOP
RANKED FIRM, THE COMMITTEE RECOMMENDS THAT THE
CITY MANAGER PROCEED TO NEGOTIATE WITH THE SECOND
RANKED FIRM, KPMG, LLP; ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 311016.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
55 May 11, 2000
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L., Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
11
56 May 11, 2000
Vice Chairman Gort: Item 17. Proposed resolution. Protracted Complex Investigations.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26TH Street. The reason I was going to put it
together was, Item 8. I don't want to be redundant, speaking on. two items. Well, here, I would like
to see that -- since that's money for the project expenses of operation not considered normal of the
Police Department, right? OK. What about they going to follow up in here very cold case.
Vice Chairman Gort: Excuseme. Mariano, you're going to speak on Item ,17?
Mr. Cruz: Seventeen, yes. Seventeen. I think it passed already.
Vice Chairman Gort: Let them make the presen -- no, that's...
Mr. Cruz: This complex and protracted investigation.
Vice Chairman Gort: It has not been passed. We're going to hear it now.
Mr. Cruz: All right. OK. The other one.7 but...
Vice Chairman Gort: Wait a minute. Mariano, let's hear from us first and, then, Pll let you speak,
OK?
Mr. Cruz: OK.
Vice Chairman Gort: Yes, sir
Major Longueira: Commissioners, this is a resolution authorizing three hundred thousand -- three
hundred fifty thousand dollars ($350,000) from the Law Enforcement Trust Fund. We set it aside
for special investigative purposes, mostly narcotics, gang -related activities. Those are the kind of
cases that we investigate.
Vice Chairman Gort: Thank you, sir. Any questions? Go ahead Mariano.
Mr. Cruz: Well, the only thing in question is sometimes the use of the money because sometimes
the priorities are askew because like when something happen to a neighbor, it takes forever. Like
the case of my wife in September 1996, the car was broken. (Unintelligible) she was picking up
one of our grandchildren. Nothing ever happen. Nobody came back. No follow through. And we
57 May 11, 2000
even get the picture of the guy in the bank using the ATM (Automatic Teller Machine) card. Now,
Stallone gate gets broken, the Chief goes there. I mean, that's wrong. So, if that money going to be
used, maybe revise that cold case. It's very cold. Of my wife being robbed there at the school and
do something because I like -- you know, like the money used for PSD, all that, perfectly. Because
you could see the market being cleaned. There was money from other places that was used there.
Now, our neighborhood is a lot better. But, still, I- say that the Law Enforcement Trust Fund, like
some neighborhood get more money or those like Wynwood doesn't get any problem there.
Allapattah don't get it. Why don't you all reach and teach some people how to cut -- make those
programs to qualify for those monies? Because I see the Coconut Grove Playhouse, the Boy's Club
get the money. But I'd like to see some of, the -- of my people getting that money. You know,
because I bet a lot of that money come from those neighborhoods, seizures and all that now. Drug,
dealers and the whole thing. So, I'd like to see that money being spent evenly. Thank you.
Vice Chairman Gort: Thank you, Mariano. That's one of the things that we talked about in the
Parks programs that we're putting up in Allapattah. Is there a motion on this?
Commissioner Sanchez: So moved..
Vice Chairman Gort: It's been moved. Is there a second?
Mr. Angel Urquiola: I would like to talk about 17.
Vice Chairman Gort: Yes, sir.
.Mr. Urquiola: I would like to talk on the Item 17, too. Like Mr. Mariano Cruz saying,. I have...
Vice Chairman Gort: Your name and address, please.
Mr. Urquiola: My name is Angel Urquiola. I live at 25 Southwest 38TH Avenue. Not long time
ago. Twenty years. But I agree with Mr. Mariano Cruz. I have noting against this trust fund for the
Police Department. But I live 20 years in my neighbor. A lot of bad things happen in this neighbor.
We call the police. A police come in. They make an investigation but we never saw result of that
investigation. Never. We never have an answer from the Police Department on the investigation.
The only -- I have some answer is because now the Commissioner Tomas Regalado, they cover in
this neighborhood and I had to molest (sic) Tomas Regalado office to have any information about
what happened in my neighbor. I always defend the Police Department because I love the Miami
Police Department. Now, I am a little behind. But, really, the Police Department, the new chief, I
know him. I like him. He's an honest guy. I believe in you, Chief But from now on, you have to
take care of the neighbor.. You have problem with the neighbor, let the neighborhood know about
the investigation, including now in Flagami. I know, for some people, we leave somebody -- great
people live in the neighbor. I know the Police Department have the obligation to notify all the
neighbor (unintelligible) in the neighbor. I think you were investigating all these things because
right now I am very mad, believe me. Thank you.
Vice Chairman Gort: Thank you, sir
58 May 11,. 2000
Commissioner Regalado: Mr. Chairman, question.
Vice Chairman Gort: Yes.
Commissioner Regalado: On Item 17. This is a question for -- I don't know --.the Chief or the City
Attorney. Is that what do you do with the money that is left over from any protracted investigation?
Chief Raul Martinez (Chief of Police): Commissioner -- Raul Martinez, Chief of Police. Basically,
we only have about thirty-five thousand dollars ($35,000) left in that pot for those type of protracted
investigations. We're refunding that pot so we can do like gang investigations and narcotic
investigations. You know, we just'put a bunch of the. gang members on 10th Street, in the area of
East Little Havana that went to jail. These are the types of investigations that are funded by
painting paid informants and other types of equipment that police must use. So, when the money's
there, it sits there until we use it. But we only have thirty-five thousand dollars ($35,000) available
right now to do any investigations.
Commissioner Regalado: No, I'm not questioning the investigations and those are not public and
should not be made public. What I'm asking is, if -- whether -- when -- you assign some money to
special unit to do a special, one case.
Chief Martinez: Correct.
Commissioner Regalado: My question is, has ever that money come back to the General Fund of
the Police or that money is only used for that investigation?
Chief Martinez: Let me explain to you the process, as well as I understand it. Let's say we've got
fifty thousand dollars ($50,000) in the protracted bank and I'm asked to fund a gang investigation in
East Little Havana for ten thousand dollars ($10,000).. So, that ten thousand dollars ($10,000)
comes from the fifty thousand dollars ($50,000). As they spend the money from the ten thousand
dollars ($10,000), if they don't spend all ten thousand dollars ($10,000), they spend nine thousand
dollars ($9,000), that one thousand that's left over goes back into the bank of fifty thousand for the
next investigation that I approve. So, that's the way it works. It stays in that whole bank.
Commissioner Regalado: OK. That is the way to do it.
Chief Martinez: Yes, sir.
Commissioner Regalado: And that is the right way to do it. But do you have any kind of audit that
is in place that shows that no money has ever gone back to the General Fund?
Chief Martinez: Yes, sir. At the end of the investigation, once the investigation is closed and
putting information out, doesn't put undercover officers in jeopardy or nobody else in jeopardy, they
audit the account to make sure that the dollars were spent correctly; that the dollars were spent for
what I approved for, and if -- again, if there's monies left over, if -- again, a thousand dollars
($1,000) left over, it goes back into the pot for the protracted investigation.
59 May 11, 2000
Vice Chairman Gort: OK. Commissioner Teele.
Commissioner Teele: I think that the discussion is good and I'm particularly grateful to the
community representatives that came and expressed some concern. I think, Mr. Chairman, there is
no question that we're going to have to do business a little bit differently around here, particularly as
it relates to the Police Department. I mean, there will be some time to get into that. But I think this
is a good place to start. The Law Enforcement Trust Fund, by law, is the prerogative of the Chief of
Police, with the approval of the Commission. And I don't want to say anything; Mr. Chief -- and I
don't think I've had an opportunity to congratulate you. I did not get the word. I was out of town
when you'were sworn in. And, at the previous time, I didn't think it was appropriate to congratulate
you, but I would like to offer my congratulations to you.
Chief Martinez: Thank you, sir. Appreciate that coming from you.
Commissioner Teele: And I hope you will be a little bit thick-skinned and not take everything
personal that's said, but you stand in the shoes of a lot of other people. who have passed this way
before you and, so, when we speak, we have to speak to them through you.
Chief Martinez: Yes, sir. I understand that.
Commissioner Teele: I think this would be a very good time to undertake an outside audit of the
Law Enforcement Trust Fund outside, that is, a non -police officer. Can I just ask one question?
I've always wanted to ask this. Why is it when the Chief -- is this something that's sort of unique to
the City of Miami? Why is it when the Chief comes, 18 assistants come? I mean -- and you know
what -- but you know what it communicates to the public? It communicates to the public.that they
can't get service because you all are all taking care' of us and, apparently, you've been taking care of
us better than I wanted you to, so...
Chief Martinez: That's not so, sir.
Commissioner Teele: For the record, I don't -- for the record, if I need the Chief, I don't need all of
the deputies and assistants and Colonels, Generals, Majors, Lieutenants. Just you are fine... And if
you all have a protocol that requires everybody else...
Chief Martinez: No. Commissioner, let me say this. For their defense, I've been Chief of Police
for like eight days. There is some issues coming on the agenda today that precede me and they had
the answer, so ask them all "stick by me so you can whisper in my ear." As you know, my method
is, as Assistant City Manager, I will come up here, answer the questions, sometimes I was right;
sometimes I was -- hopefully, most of the times I was right, but that's what I plan to do myself. And
Joe, who are the ones that are here all the time, will answer all the questions.
Commissioner Teele: But -- and I'm appealing to the Manager now. You have an Internal Auditor.
I think one of the things that I would be very interested in seeing -- and I -- you know, these things
are -- to pick out one activity is not fair. To pick out one year is not being fair. Five, seven, maybe
up to 10 years. In that way, it's not reflective of one Chief; so it doesn't look .like it's this Chief or
that Chief or the O'Brien era or the Warshaw era or the -- what was the guy's name?
60 May 11, 2000
0
Chief Martinez: Calvin Ross.
Commissioner Teele: Or the Ross era. Maybe we ought to look at the Ross -era. Let me put that on
the record. And I would like to see the period that Calvin Ross was the Chief up through the
current time, before Martinez comes in, that we audit the Law Enforcement Trust Fund.. The things
that I would like to know, specifically, would be, by district, that is, these five -districts, where the
money has been spent, historically? What's done is done. But let's -- so that we can respond to
what some of these citizens are saying. It may -- I would imagine that my district has probably
gotten as much as any other district. I would imagine that, if you look at crime statistics, as well,
you would probably have some justification. But let's let the cards fall where they are. I would like
to see an audit of those activities, as well as the appropriateness of the Law Enforcement Trust
Fund, and I'm'particularly interested in making sure that these things have complied with state law,
et cetera. Because I think we need to put some of that to rest. And at the time when we discuss the
qualifications of the Manager, I'm going to be asking you your views on this and whether or not the
Internal Auditor or, for that matter, an outside auditor, but I'd rather to keep it, some -- a City of
Miami employee because I'm not out for witch hunt. I just think we need to build the record, and
we're going to look at a record today in the Community Development Office that is being built, that
sort of outlines what I'm looking for, and I think that would be very helpful. Do you have a
problem with that?
Chief Martinez: No, sir. My personnel tell me that that does happen, but welcome _for it to happen
again if it hasn't happened again.
Commissioner Teele: Mr. Manager, I'd like to...
Mr. Carlos Gimenez (City Manager): Yes, sir. I agree with your recommendations and we'll be
directing the Office of Internal Audits to do just that.
Commissioner Teele: Thank you.
Vice Chairman Gort: Thank you.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes. Commissioner Winton.
Commissioner Winton: I would like to make an additional comment about the effectiveness of our
Police Department. And while the gentleman in the front row, who's complaining about crime in
his - neighborhood -- and, sir, I'm not familiar with the crime in your neighborhood, so I'm not
speaking to that particular problem. But -I do want to go on record and just remind the public at
large that the -- through the entire 1980's and the early part of the 90's, the City of Miami was either
number one, number two, number three to number five in crime in the United States for that
157year period. And we have the lowest crime rate in this City that we've,had since the 1960's, and
we were in the top 10 in major crime categories. We were number 10 in the latest statistics. That's
down from number one and number two positions that we held for at least, a decade. So, while the
61 May 11, 2000'
episode related to the Elian situation was a very unfortunate thing for our community and our Police
Department, I think it's a bad step to continually paint our Police Department 'as ineffective within
this community because they've done one heck of a job. It doesn't mean we can't do better. It
doesn't mean we can't correct past mistakes because we can do both. And there's a lot of us focused
on doing more and more in our neighborhoods to drive the drug dealers out, to drive the gang
members out, to make our neighborhoods all safe. And I think our Police Department's going to
continue to do that. But I don't want to lose sight of the fact that this Police Department has made --
has created an environment that is light years better in our community than we've seen since I've
lived in Miami and I thank them for that.
Chief Martinez: Thank you, Commissioner.
Vice Chairman Gort: Commissioner Winton, I'd like to add to. One of the reasons we've been able
to accomplish what you just stated is because of the innovative programs that have been established
and mainly because working with the neighborhood. The community police has come. a great way
and this LETF (Law Enforcement Trust Fund) funds is restrictive funds.and my understanding is, it
should be for crime prevention and so on. And I'd like to see a lot more of those programs, that
those funds being used in the parks with our kids because that's what really the crime prevention
takes place. And, I've been getting the reports that you all have, the different agencies you're
funding and the different programs and they're some very good programs, but I think we can even
add some more to that.
Chief Martinez: Yes, sir.
Vice Chairman Gort: Thank you. Yes, Mary Hill.
Ms. Mary Hill: Yes. How are you all? I'm Mary Hill. I'm the Founder, CEO (Chief Executive
Officer) and National Director by statutory laws of the Public Laws and Policies in the White
House. And I'm a little -- I'm not clear on the Police Department and their services. They're leaving
now to - from services to allocations. They're authorizing the allocation of funds. I'm a little leery
about at this time, since some of what you are doing really, by law, alleviating crime, is not
touching the community, according to statutory laws and guidelines; we're not using the. expertise
of the people in the community under the regional office, as these laws provide, and you start
authorizing allocation of these funds that gives you the authority, if the Commissioner approve it, to
bypass this regional office and the neighborhood approach that comes under these laws. Mr.
Attorney, you have to give us a reply on what are you going to do? Because what I see here today is
"business as usual." We have not did a smooth, transitional period to carry these laws out, policies,
and everyone else is coming. They call it lobbying, but I call it plain, modernized begging for
funds. Correct this, please.
Vice Chairman Gort: Thank you, ma'am. Angel, you've already discussed this item.
Mr. Urquiola: Excuse me, Mr. Chairman. My name is Angel Urquiola again. I want to ask Mr.
Commissioner Winton...
Vice Chairman Gort: Excuse me, Angel. I'm not going to allow discussion back and forth..
62 May 1,1, 2000
Mr. Urquiola: No, it's not a question.
Vice Chairman Gort: ...between the Commission. You already spoke your two hours -- the two
minutes.
Mr. Urquiola: It's on a declaration, a simple declaration about I -- when I talk before, I don't talk
nothing about Elian case. Why you bring Elian case in this? We don't talking about Elian. I don't
blame the police for the Elian case. I am talking about my...
Commissioner Winton: Am I not allowed to talk about it?
Mr. Urquiola: ...neighbors.
Commissioner Winton: Am I not allowed to talk about it?
Vice Chairman Gort:. Angel, excuse me. He had a discussion...
Mr. Urquiola: Yeah, but I talk about my neighbor, not Elian.
Vice Chairman Gort: Angel, excuse me. Thank you.
Mr. Urquiola: OK.
Vice Chairman Gort: Yes, ma'am. Item 17?
Ms. Dorothy Quintana: Dorothy Quintana from Wynwood. A question unanswered. Instead of
complaining about the Police Department, condemn them; criticize them, why can't we help them?
What are we doing in our neighborhood? Their. work -- they're doing the work. We could do ours
by telling them what's going on and we could. do it? But if we don't help them, they cannot work.
We cannot complain about them. Yes, they have good and bad, so we have •inour parents, good
and bad children. They have a good and bad, but they can be corrected if we help them. Let's don't
criticize the Police Department anymore because we get them down, they don't want to work for us
anymore. Please, I beg you, help them, don't criticize them and then they can work for us, finally.
We can go to them and tell them "this. is what's going on in the neighborhoods," they do it. They
help you. Because I've been doing it and they know it, that I got sick and tired of going in there and
say, this is going on, this is going on, and they give me the help in the neighborhoods. So, please,
let's all do it and they can help us, too. Thank you.
Vice Chairman Gort: Thank you, ma'am. Being no further discussion, all in favor state by saying
11aye
.11
63 May 11, 2000
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-396
A RESOLUTION OF, THE MIAMI CITY COMMISSION
AUTHORIZING THE ALLOCATION OF FUNDS, IN AN
AMOUNT NOT TO EXCEED $350,000, TO BE USED TO
DEFRAY THE EXPENSES 'OF PROTRACTED, ,COMPLEX
INVESTIGATIONS; ALLOCATING FUNDS THERFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 690001, 690002, AND 690003, SUCH
EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF
OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT
OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING,"
AND FLORIDA STATE STATUES, CHAPTER 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
64 May 11, 2000
Vice Chairman Gort: Item 18, emergency purchase of towing service of
GSA (General Services Administration). I have a question on this.
Wasn't that part of the contract, that they were going to provide services
free of charge to the City?
Mr. Dean De Jong (Acting Director, GSA): Dean De Jong, Acting
Director, GSA. That was -- what this covers, Commissioner, is the
negotiations for that entire process went on longer than we thought. It -is
settled now. And this is to simply -- because we were not in this new
contract, we sought to pay for these services. So, under the new contract,
yes, it's covered. This is -- because it wasn't done.
Vice Chairman Gort: Yes, 18. OK. Any other questions? Do I have a
motion?
Commissioner Teele: So moved.
Vice Chairman Gort: Moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
65 May 11, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-397
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE PROVISION FOR DISPATCHED TOWING AND
WRECKER SERVICES INCLUDING TOWING OF CITY -OWNED,
LEASED AND RENTED VEHICLES BY BANOS TOWING CORP.,
DIAZ TOWING SERVICES, INC., DOWNTOWN TOWING CO., INC.,
FREEWAY TOWING, INC., KINGS WRECKER SERVICES INC.,
MIDTOWN TOWING OF MIAMI, INC., MOLINA TOWING, INC.,
NUWAY TOWING, SOUTHLAND TOWING, AND TED AND STANS
TOWING, FOR THE PERIOD OF NOVEMBER 1, 1999 THROUGH
MARCH 31, 2000, IN AN AMOUNT NOT TO EXCEED $15,000;
ALLOCATING FUNDS THEREFOR FROM GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO. 503001.420905.6.340.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: I None.
ABSENT: None.
66 May 11, 2000
0
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: Can we go back to item 6 and briefly address
the issue of the news racks ordinance?
Vice Chairman Gort: Item 6, news rack.
Commissioner Regalado: Yes.
Vice Chairman Gort: Mr. Jackson.
Commissioner Regalado: Thank you very much, Mr. Chairman. I have
placed the item in the past meeting, April 27, but, unfortunately, we took
that earlier than announced, and we couldn't have some of the people
here. I placed it on this agenda, but the Law Department has not yet
completed the ordinance. However, it's important that we discuss this
because this is a very important issue, an issue that would impact all the
City, plus the news media, plus the citizens, and this is why I requested at
least a brief discussion up until the Law Department finishes with -- to
draft an ordinance, and we have a public hearing, which we should on this
issue. But mainly -- Mr. Manager, if the Public Works director can tell us
what has been done up to now in terms of getting ready for discussion?
Mr. John Jackson (Acting Director, Public Works): Good morning. John
Jackson, Acting Director, Public Works Department. The proposed
ordinance, new ordinance for the news racks is still under review at the
present time. What I want to do is just go over some of the highlight of
the ordinance, as it's going to be proposed to be changed. The first item
is the permit fee, which presently is seven dollars and sixteen cents
($7.16), annually, and we propose to change that to ten dollars ($10.00)
per news rack. The second item is .a removal and storage --
Commissioner Regalado: Excuse me. Mr. Jackson, why are we raising
the permit? I mean, I thought that the intent of this ordinance is -- in
terms of eliminating eyesores and being more organized and respecting
the rights of the people on the sidewalks. Are we trying to make more
money with this? I mean, --
Mr. Jackson: Absolutely not. There are a number of news racks
throughout the City, and we have -- and it takes a certain amount of staff
67 May. 11, 2000
to go out and inspect these and actually identify the ones that are in bad
shape, and notify the publishers, distributors, and so, it's a modest
increase from seven sixteen to ten dollars ($10.00) per rack. It, in no
way, covers our costs, but I believe that this is -- that will be appropriate
for the amount of work that's involved in cleaning up the number of racks
that are out there.
Commissioner Regalado: Yeah, I understand that. And I support the
ordinance. I don't have a problem. My problem is that I don't understand
-- the problem of a news rack that is an eyesore is a problem of Code
Enforcement. It's just like if you have an abandoned car, just exactly like
that. So, if we're going to request from the media, from the print media,
that they will pay for the structure in order to have a nice looking
organized, clean corner or whatever, I don't see why we should charge
more for a permit. I think that, you know -- it's like picking up the
garbage. I mean, we will never be able to make what we pay to run the
Solid Waste Department, but this is service, and in is my problem with
raising the fee. I think this is symbolic that whenever -- if we change
something, we raise the fee. And I think that is purpose of this ordinance
is to have a better environment, not to pay for the inspectors that are
going around. After all, the NET can do that. But, you know, I would ask
the City Attorney to work with that. I'm sure that we are going to have
time in the public hearing to do that. .
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Yes. Commissioner Winton.
Commissioner Winton: Commissioner Regalado, I'm not sure that I
completely agree with your thought there because if you think about Code.
Enforcement and all the things that we're trying to get the Code
Enforcement people to do -- how many news racks are there?
Mr. Ted Stahl: Whose estimate, NET (Neighborhood Enhancement Team)
offices, or --
Commissioner Winton: I don't care.
Mr. Stahl: I would --
Vice Chairman Gort: Your name and address, please, sir.
Mr. Ted Stahl: My name is Ted Stahl, Coconut Grove, representing the
Civic Club and the residents. The --
Commissioner Winton: Just a number.
68 May 11, 2000.
Mr. Stahl: I'm sorry?
Commissioner Winton: Ted, just give me a number, quick, so I can get on
with my thought here.
Mr. Stahl: About four thousand.
Commissioner Winton: Thank you. So, Commissioner Regalado, if there
is three thousand or four thousand or whatever the number is, what we're
doing is putting a whole new burden on our Code Enforcement people
because if we're -- if this is going to be effective, and that is the
monitoring and the clean up of this whole mess, then they are going to, in
fact, have to pay attention, and it's a pretty big volume of things. Now,
I'm not arguing that ten dollars ($10.00) is the right number or the wrong
number, but it's logical to me that, if seven doesn't cover the costs and
we're going to implement this new procedure, and there is forty thousand -
- four thousand news racks, it's logical to me that there would be an
increased costs, and it ought to be passed on to the folks that have created
the problem, and not have the .general tax paying public, as a whole, pay
for that. That's my thought.
Commissioner Regalado: If I may. It's just that two years ago, I
remember, I worked with the Coral Way NET, and they went around and
looked for the news racks that were illegally displaying their product, and
also those who were an eyesore. And it was the NET inspectors who went
around and decided what it is. In fact, now we depend on the NETS to tell
us the number of news racks that there are in this City. This is --
Commissioner Winton, this is more a philosophical thing than a practical
thing. I'm just mentioning the fact that, you know, every time we change
something, we want to charge more. And, so -- but, you know -- that's not
the most important part. I think that the purpose and the intent of the
ordinance is to have a more clean and orderly environment, which is OK
because they do it in other cities.
Mr. Stahl:, Commissioner Regalado, in regards to your statements made.
In numerous meeting with the publishers, and the City Attorneys and the
Public Works over the last two years, back in 1997, when the first.
ordinance was drafted, based on Mr. Plummer's request that we bring
these news racks into some compliance and order in our communities.
The original -- there was a fifty -dollar ($50.00) fee for presenting the
news rack on the street first time. That was discussed and that was
offensive to the publishers. We corrected that by omitting it. In all these
meetings, I have never heard any of the publishers disagree with the fee
of ten dollars ($10..00). The amount of news racks that have come into
existence on our streets is unbelievable. It takes a staff to run this
69 May 11, 2000
department. Over the years, when they were stepping on top of each
other, this was not done. Now, cutting the offices down to a smaller staff,
it has become a problem that these inspectors, who have numerous other
jobs to do for Public Works and Code Enforcement, have now been asked
to take care of this problem. We have asked numerous times, in letters
from the City Attorney, letters from Public Works to these vendors, to
take this upon their own, which is their responsibility to watch over their
news racks, and appearance, but they won't do it, and they don't do it, and
they haven't done it for ten years. So., someone else has to do it. And
that's the City of Miami and that's where that ten dollars ($10.00) come
from. And that ten dollars ($10..00) won't even put a fraction of what it's
going to cost, but it will help -- it will help monies that the City needs to
help run a department efficiently. And this could be done very carefully
and very simply. These news racks should be treated just like your
license tag. You have the right to drive on the streets of Miami -Dade
County in the State of Florida by paying a fee. That fee, the monies are.
not used to make a profit, but those fees are used to run the departments
of the police and the state highway patrols. That's the same idea here.
All we're trying to do is organize and make our City more attractive and
that's the reason for this ordinance.
Commissioner Regalado: And that's the reason that I said that I have to place it on the
agenda several times, and I --. this is why I requested from the City Attorney. That's the
point, Ted, that the main purpose of this ordinance is not to make more money or to raise
the fee. It's just to have a more clean orderly, beautiful, City. That's all we want. And
that's why I say, it was philosophically. That's why I said that we should address this
now, not as a money -making operation, but as an enhancement of the City. And that's all
I said.
Vice Chairman Gort: Commissioner Regalado, I think we all agree on this. I think what
we need to do is -- the problem that we've had in any of this -- in the past non-
enforcement. I mean, we had the rules, we had the regulations, but we don't have the
people to enforce it. We might need some additional monies and the industry does not
have any opposition or any problem with them, I think we should go ahead and find out
how much it's going to cost us to make sure that we enforce it. Because I don't care
what we passed in here -- and I read some ordinance where we're going to change the
colors, we're going to do -- we're going to require certain things. If we don't have
inspectors out there making sure that those are taken out, the ones that don't comply, they
are taking care of, we will have problems and everything will take place. So, I want to
make sure you get together with the industry, they've had the opportunity to do so, and
let's come back with the ordinance as soon as. Please. Thank you.
Commissioner Regalado: Ted, and when we do -- and I think, madam, City Attorney,
when are you going to have it ready?
70 May 11, 2000
Ms. Yamile Trehy: We're working with the Department of Public Works. They are
undertaking some studies at the present time, Mr. Jackson.
Mr. Jackson: It can be the next Commission meeting, on the 25th, or the first meeting in .
June.
Commissioner Regalado: Twenty-fifth is OK with me, if you have --
Vice Chairman Gort: As soon as possible. Just make sure that the - you're supposed to.
had been working with the industry, and people from the industry and all of you and the
citizens. So, let's make sure we do that.
Commissioner Regalado: No. Be sure that the industry is notified of the hearing. If we
can do it on a time certain so, you know, they don't have to spend the whole day here.
Mr. Jackson: Yes. Commissioners, I sent out notices to publishers and distributors,
around 44 -- 44, about this meeting today, and I intend to do so for the next meeting.
And, also, to meet -- set up a meeting and meet with them for to come and review and
discuss the proposed ordinance, see if they have -- what problem they may have.
Vice Chairman Gort: Thank you. Ms. Carpenter.
Ms. Elena Carpenter: Thank you, Commissioner. Elena Carpenter, publisher, Coconut
Grove Times, Brickell Post and South Miami Times. My comments are very, very brief.
We've been waiting for a long time and I'm sure you -- so has Ted Stahl. But we've been
waiting for a long time for the ordinance because we'd like to put boxes out there, and
what we didn't want to do was even get grand fathered in on something different. We
want to go with the new program. And our only concern is, it's taken so long. If we
could just really get on it now. Because if not, I will. I'll go out a buy a box that will
satisfy Code and it won't be gray and blue and it won't match, and our City won't look
better. But we're really anxious to do it. If we could move along, we'd be really grateful.
Thank you.
Commissioner Regalado: Twenty-fifth.
Vice Chairman Gort: That's what he's instructing to staff right now. Thank you.
Commissioner Regalado: Twenty-fifth. OK.
Vice Chairman Gort: OK. Thank you. Thank you all for being here. Yes, sir
Mr. Frank Rollason (Director, Building & Zoning): Commissioner, can we say -- let's go
for the June 8th because we have some meetings that we have to do, I think, with NET,
for some coordination, too, to make sure that you --
Vice Chairman Gort: That's fine.
71 May 11, 2000
rl
Mr. Rollason: OK.
Vice Chairman Gort: June 8th is fine.
Mr. Rollason: Let's shoot for that. Thank you.
Vice Chairman Gort: OK. Thank you.
0
72 May 11, 2000.
•
Vice Chairman Gort: Could we go back to regular agenda now? We're on item ---
Commissioner Sanchez: Nineteen.
Vice Chairman Gort: Nineteen. You want to speak on this? Go ahead, sir.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. I have no problem with the
concept of putting a new roof on the Fire Training Center, but what's concerning is that
it's an emergency resolution and, second, in going. through the back up, Decktight --
Vice Chairman Gort: I'm sorry. What item are you addressing?
Mr. Ricker: The roofing -- nineteen.
Commissioner Sanchez: Nineteen.
Mr. Alejandro Vilarello (City Attorney): Nineteen?
Vice Chairman Gort: We haven't even picked it up yet.
Mr. Ricker: I'm sorry. What?
Vice Chairman Gort: We haven't taken it up yet.
Mr. Ricker: Oh, I thought that was your next --
Vice Chairman Gort: Well, next agenda, we'd like to hear from the administration in front
of us, and then we'll listen to you. .
Mr. Ricker: Oh, I'm sorry. I'm sorry. No problem: No problem.
Vice Chairman Gort: Thank you, sir. Nineteen.
Mr. William Bryson: William Bryson, Acting Fire Chief, Department of Fire. We
would ask the Commission to ratify, approve, and confirm the finding of an emergency
by the City Manager to replace the roof down at the training center. We had deck tight
has been the selected company for this. We got competitive bids, four of them, and they
were the cheapest bid.
73 May 11, 2000
Vice Chairman Gort: Thank you. My understanding, as I recall, some of the bid -- some
of the people -- local could not comply with the requirement because there is special
material in the roof. I remember --
Mr. Bryson: That's true. There was a -- the type of roof that we found, that we had to
have installed, was a Sannerfill (phonetic), single -ply roof. It's a single membrane. It
lasts for 15 years.
Vice Chairman Gort: Thank you. Discussion? Yes, sir.
Commissioner Sanchez: It's a ratified item.
Vice Chairman Gort: Now you can speak.
Mr. Ricker: Actually, he answered some of my questions. Daniel Ricker, 4302 Ingraham
Highway. While Decktight was the lowest at twenty seven thousand dollars ($27,000); it
offered a two-year warranty. Another company, M e rt i n (Phonetic) Roofing offered
three-year warranty at thirty-four thousand and some change, and Transcoastal at thirty-
two thousand, had a 10 -year guarantee. So, while all of them were outside of the City of
Miami, which I can appreciate the Sannerfill, single ply roof, I was curious why we
didn't perhaps go to slightly more expensive, since the warranty seem to be so discrepant?
Mr. Maurice Kemp: Maurice Kemp, Deputy Fire Chief. You mentioned that there is a
two-year warranty on the Decktight roof?
Mr. Ricker: Well, that's what it's showing in there.
Mr. Kemp: In the back up you'll see that there is a fifteen -year warranty on the roof
system; the two years on the workmanship of the installation, so the actual membrane and
the roof itself have a fifteen year warranty.
Mr. Ricker: Were the other vendors the same, as far as their warranty periods, or were
there variances?
Mr. Kemp: Well, I'm not sure about each and every vendor.
Mr. Ricker: OK.
Mr. Kemp: Well, I'll tell you that this company is the low -- cheapest and most
responsive bidder, meaning that we're satisfied with the warranty, fifteen year warranty
on this roof, and they are the least expensive.
Vice Chairman Gort: Thank you. Any further discussion? Question?
Commissioner Winton: Yes. Mr. Chairman, I would like to echo a comment that Dan
Ricker made, and that is about the emergency nature of this resolution. You know, we
74 May 11, 2000
know when our roofs are failing. We know it well in advance. These emergency
resolutions that have to do with dollars and expenditures -- and I've said this two or three
times since I've been on this Commission -- makes y'all look bad and makes us look bad,
and I hope that this kind of stuff we can get past it here, very quickly. The fewer of these
we have, the better off we're going to look, and particularly things like a roof, which we
know is failing long in advance.
Mr. Kemp: Mr. Commissioner, I --
Vice Chairman Gort: Commissioner Winton, there is something that I'd like to add so
that, and I'd like for you to explain the differences between the competitive bid and -- we
still get three bids, we still go on the market. The reason being, we can expedite the bid
on this a lot faster. Could you explain and go over the savings that we do when we go
through this compared to the other one, and the process?
Ms. Judy Carter (Director, Purchasing): Clearly, these are two different processes, and
the City Code does provide for both. The emergency process is for cause, when there is
an adverse affect on the health, life and safety of the citizenry, as well as the workforce
itself. The City Manager has the authority to deem a particular project an emergency
because of that need. However, one of the requirements -- and I'm saying this very
publicly, with the expectation that departments do follow that -- and that is when they
seek the Manager's approval, it is with the intent of still obtaining written quotes for the
project. This particular user department, Fire, did, in fact, do that with assistance from
my department, and that is, we identified vendors who could provide a quote on an
informal basis, and we deemed the lowest responsive and responsible bidder to be the
lowest one. Now, the competitive sealed bidding, which is a different process -- and, of
course, it is provided for in the Code -- is an advertised process by virtue of the code, that
say that's when we are about to -- when we have a need for particular procurement, we
must advertise it within a circulation -- general circulation and we normally use the Daily
Business Review to do that because it's very inexpensive, versus the Miami Herald. We
also mail out bids for that particular project, to vendors that are within our database
within the Purchasing Department. So, what you do have is an opportunity for the entire
universe, if you will, if they read the paper and receive the document, to respond to the
bid. Still we're still talking about a competitive process, but admittedly, the emergency
process narrows down the number of individuals who, in fact, could be involved in the
competitive process.
Vice Chairman Gort: Also, there is a difference on time.
Ms. Carter: And this is a significant difference in time. Because we must advertise, the
Code says we must at least have this advertisement available for review fifteen days. So,
that's two weeks gone already. Then, we must bring that bid back to the departments for
review and evaluation. Then, we must wait until that particular item is on the agenda,
which normally is a good two to three months time. So, we're talking about a three-
month turn around time, very easily, if not more for the competitive sealed bid processing
for the obvious reasons.
75 May 11, 2000
Vice Chairman Gort: Thank you, ma'am. I just want to make sure we explain that so the
general public can explain the differences.
Mr. Carlos Gimenez (Chief of Fire): Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Mr. Gimenez: I just like to makes a comment on what Commissioner Winton said. I
agree, wholeheartedly, that we should limit the number of emergencies as much as
possible. However, we do not have a process in this City, an something we need to
institute, is to find out the life span of some of our capital projects, and then establish
some kind of program when they are replaced at the correct time. Regarding this
particular roof, once the roof starts to leak, you're going to have much more damage, if
you allow that leak to continue. Since we didn't have a process in place to replace the
roof, when it started to leak, we really needed to get it fixed. So, that's why we use the
emergency purchase.
Vice Chairman Gort: Thank you. OK.
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-398
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE REPLACEMENT OF THE ROOF AT THE FIRE
TRAINING CENTER IN COCONUT GROVE BY DECKTIGHT
ROOFING SERVICES, IN THE AMOUNT OF $27,900, FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
313302, ACCOUNT CODE NO. 289301.6.860 FUNDED BY THE FIRE
ASSESSMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
76 May 11, 2000
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
77 May 11, 2000
I�
U
Vice Chairman Gort: OK. Item 20.
0
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, this is simply a resolution
correcting resolution of the City Commission already adopted. It did not reflect the --
Vice Chairman Gort: Excuse me. I'm sorry. We didn't -- that was a resolution. All in
favor state by saying --
Mr. Walter Foeman (City Clerk): I need a movant and a seconder also.
Vice Chairman Gort: It was moved by Johnny. It was seconded by.
Commissioner Regalado: Second.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: One more time. Thank you. Item 20.
Mr. Vilarello: Mr. Chairman, members of the Commission, this item was adopted as
Resolution 99-246, in April of 1999, and is being corrected to reflect a 24 -month
contract, with a total dollar expenditure of a hundred and ninety thousand four hundred
and forty ($190, 440), with the annual costs not to exceed 95,220.
Vice Chairman Gort: OK. Are there any questions? Is there a motion?
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
78 May 11, 2000
0
The following resolution was introduced by Commissioner Winton, who moved its
adoption:
RESOLUTION NO. 00-399
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 99-246, WHICH AWARDED THE
BID OF FORT LAUDERDALE HARLEY DAVIDSON FOR THE
LEASING OF CERTIFIED TRAFFIC LAW ENFORCEMENT
MOTORCYCLES, TO CORRECT THE AMOUNT OF THE
CONTRACT NOT TO EXCEED $190,440 TOTAL, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR
A PERIOD OF TWENTY-FOUR MONTHS; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITYWIDE FLEET," PROJECT NO. 311850.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
79 May 11; 2000
W -k51
23: SIJNSE Y VIRGINIA KEY PARK CIV �L R�GHT�S
ESTABLI I �` INIA KEY BEACH VISORY BO ATO MAKE
,
�RECOM ,- N,3 ONS TO CITY CO MISSION REGA�RIDING FUTURE
DEL®PMENT OF VIRGINIA K��,�ART� , , wwx,,w
Vice Chairman Gort: Item 22.
Mr. Alejandro Vilarello (City Attorney): This item is following through on a directive of
the City Commission, where the Virginia Key Task Force was to be extended through the
end of the calendar year. During this period of time, the task force is working on a
recommendation to this City Commission of some kind of permanent authority, which
would govern the Virginia Key beach area.
Vice Chairman Gort: Right. Is there --
Commissioner Teele: I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Moved and second. Discussion?
Commissioner Regalado: The members are the same, OK, correct?
Mr. Vilarello: Yes, the membership is the same on the task force.
Commissioner Regalado: OK.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
80 May 11, 2000
0 •
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-400
A RESOLUTION OF THE MIAMI CITY COMMISSION
SUNSETTING THE VIRGINIA KEY PARK CIVIL RIGHTS TASK
FORCE ESTABLISHED PURSUANT TO RESOLUTION NO. 99-382,
AS AMENDED; FURTHER ESTABLISHING THE VIRGINIA KEY
BEACH ADVISORY BOARD FOR A PERIOD ENDING DECEMBER
31, 2000, TO ADVISE AND MAKE RECOMMENDATIONS TO THE
CITY COMMISSION REGARDING THE FUTURE DEVELOPMENT
OF VIRGINIA KEY PARK; SETTING FORTH SAID ADVISORY
BOARD'S PURPOSE, POWERS, AND DUTIES; AND PROVIDING
FOR APPOINTMENTS, OFFICERS, MEETINGS; QUORUM, AND
ASSIGNMENT OF PERSONNEL, AND REQUIREMENTS FOR
MEMBERSHIP.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
81 May 11, 2000
Vice Chairman Gort: OK. Now, we go into appointments. Twenty-four, Bayfront Park
Management Trust. We already took 23. Twenty-four, Bayfront Park. Commissioner Teele has
one nomination.
Commissioner Teele: Pass.
Vice Chairman Gort: It's currently held by Gregory Bush.
Commissioner Sanchez: I would like to reappoint Paul Singerman.
Vice Chairman Gort: OK.
Commissioner Sanchez: There is one at large. I've been advised by the City Clerk there is one at
large that has not -- has missed a lot of meetings. So, there's one at large, if anyone would like to
nominate anybody.
Commissioner Winton: I have someone I wouldn't mind nominating at large, Monk Terry. Monk
Terry.
Commissioner Sanchez: Monk Terry?
Vice Chairman Gort: OK. Your nomination also -- where you're at Commissioner Winton.
Commissioner Winton: Oh, mine has to be reappointed, Frank Balzebre, whom I just appointed a
month ago.
Vice Chairman Gort: Commissioner Regalado? We can do them all in one motion, right, Mr.
Attorney? Commissioner Regalado.
Mr. Alejandro Vilarello (City Attorney): ' These are...
Commissioner Regalado: I have to reappoint Steve Kneapler and to nominate for the at large Elena
Carpenter.
Commissioner Teele: Replacing who?
Commissioner Regalado: Somebody that missed some time.
Mr. Walter Foeman (City Clerk): Yeah. There are three at large.
Commissioner Teele: Hold it. Commissioner Winton just nominated Monk...
82 May 11, 2000
Mr. Foeman: Monk Terry.
Commissioner Teele: ...somebody to replace Tina Hill. That was a person who had three at large
absences.
Commissioner Sanchez: And I believe that Ms. Eads has advised that she won't be participating
anymore.
Commissioner Teele: Ms. who?
Commissioner Sanchez: Ms. Linda Eads. Have you received a letter from her?
Mr. Foeman: No, she has not.
Commissioner Sanchez: So, let's go ahead and wait off on that.
Commissioner Teele: Well, I really wish you all would consider the people that are there adjacent
to it. I know that the intercontinental representative, Frank...
Commissioner Sanchez: Vanderpost.
Commissioner Teele: ...Vanderpost, and I would certainly like to put his name on the table for the
Commission to consider at the next meeting, when we take up the other at large appointments. But
I assume that we're going to confirm Monk...
Mr. Foeman: Monk Terry.
Commissioner Teele: That gentleman to replace Tina Hill's now.
Mr. Foeman: OK. Each Commissioner -- all of the terms have expired.
Vice Chairman Gort: Each Commissioner has an appointment. That's why we're going through the
process right now. At large, we're only going to make...
Mr. Foeman: One appointment.
Vice Chairman Gort: ...one nomination today.
Commissioner Sanchez: Just one at this time.
Commissioner Regalado: OK.
Vice Chairman Gort: Yes, only one nomination at this time.
Commissioner Regalado: Well, I...
83 May 11, 2000
E
Vice Chairman Gort: Commissioner Teele, you have...
Commissioner Teele: Bobby Mumford.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Reappoint Steve Kneapler.
Vice Chairman Gort: That's right, you stated that. And I'll reappoint Ralph Duharte. OK: Do I
have a motion to accept those nominations?
Commissioner Sanchez: So moved.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and second. Further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-401
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK
MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following .vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
84 May 11, 2000
Vice Chairman Gort: Item 25, Property and Asset Review Committee. Commissioner
Regalado?
Commissioner Regalado: Defer.
Vice Chairman Gort: Commissioner Winton?
Commissioner Winton: I don't have anyone yet.
Vice Chairman Gort: Commissioner Sanchez?
Commissioner Sanchez: Defer.
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: What Manager or department head does this department -- this
committee function under?
Mr. Walter Foeman (City Clerk): Laura Billberry is the liaison. She's in Asset
Management.
Commissioner Teele: What Assistant Manager do you report to?
Ms. Laura Billberry (Director, Asset Management): John Lindsay. .
Commissioner Teele: I don't mean a person's name. I'm talking about a title
Ms. Billberry: I'm sorry.
Commissioner Teele: Don't we have an Assistant Manager for operations? Don't we
have an Assistant Manager for budget? Don't we have an assistant -- I mean, for finance?
Mr. Carlos Gimenez (City Manager): She reports to (inaudible) for Development and
Planning.
Commissioner Teele: Development and Planning.
Vice Chairman Gort: Name and department.
Ms. Laura Billberry (Director, Asset Management): Laura Billberry, Asset Management.
Commissioner Teele: What is the mission of this committee?
85 May 11, 2000
Ms. Billberry: The idea is to review City owned properties and come up with ideas on
how to better utilize them. To provide input on ongoing license and lease negotiations.
Commissioner Teele: Does the City have an inventory or a web site or anything as to
where all the property is?
Ms. Billberry: At this time, it's in an Excel format. We do have a listing of all City
owned properties.
Commissioner Teele: It's on Excel format?
Ms. Billberry: Yes.
Commissioner Teele: Is it available to the public?
Ms. Billberry: It's not on a web format at this time.
Commissioner Teele: Could it be made available to the public?
Ms. Billberry: I would -- I mean, they can come see it in our office, certainly. I would
have to check with IT (Information Technology) if it could be put on the Internet.
Commissioner Teele: Do you believe or is there anybody around hire that has any
confidence that we have and we know where all our property is?
Ms. Billberry: I think that this is a correct listing of all of our properties, yes.
Commissioner Teele: Would you be willing to support paying a bounty of people who
can help the City find property that it owns? That means, nobody would collect anything,
right?
Ms. Billberry: I'm sorry. I don't understand what you're asking.
Commissioner Teele: If we know where all our property is, so if we said we would pay
anybody five percent of the reasonable value of the property that the City owns, is not on
a list, would you -- in effect, our money would be safe because we bet the public we
know where all our property is.
Mr. Gimenez: Mr. Commissioner, I'm not going to take that back right now, but I think
she's pretty confident that we have most of them, but I'm sure there may be some that are
not on the list.
Commissioner Teele: Can you imagine an entrepreneur or a property owner that doesn't
know where his property is?
86 May 11, 2000
Ms. Billberry: Sir, this list was created only in the last couple of years. It was based on
the South Florida Regional Planning Council assisting our office, and it's based on --
Commissioner Teele: I'm not quarreling about the list. That's not my issue. My issue is
very simple. Do we know where all of our property is? Do we have any confidence of
that? As the department head, are you confident...
Ms. Billberry: Yes, I feel this list is an accurate list. It is based on Dade County tax roll
information.
Commissioner Teele: OK. .I'm going to try to figure up a way to see if there is any
property out this that people know that we own that they say we don't have control over
it. Because some people walked me through some waterfront land that we own. It's
amazing. I can't find it anywhere. In fact, I've got a lawyer looking for it now. And I
understand there is a lot of property that was -- that sort of -- nobody ever had a record of
it, an it just sort of got abandoned. I may be misled.
Ms. Billberry: I'd be happy to work with your office on that, to see if we could help.
Commissioner Teele: It's not -- it's the public that has. the information, not me. Well, I
just think that we ought to look at that because I think the second issue is a much more
easier issue, and that is the use of property and the utilization of property, and I hope that
Commissioner Winton and others who understand property development will help us.
Commissioner Sanchez: OK.
Vice Chairman Gort: OK. Appointments. Commissioner Teele? I'll renominate Ruben
Oliva. Anyone else
Commissioner Teele: Mr. Cardon is my appointee. Does he come to meetings?
Ms. Billberry: At this time,. we have not had a quorum. So we have not been able to
meet for about a year now.
Vice Chairman Gort: Let us know who is not coming so we would not —
Ms. Billbery: Well, we don't have -- we have too many vacancies. That's the issue.
Commissioner Winton: So, I'm part of the problem.
Vice Chairman Gort: Yes.
Commissioner Winton: All right. I'll pay attention. Sorry.
Vice Chairman Gort: OK.
87 May 11, 2000
Commissioner Sanchez: I'll defer my appointment.
Vice Chairman Gort: Do I have a motion to accept my nomination?
Commissioner Teele: I so move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion?
Commissioner Teele: Mr. Chairman, do these appointments --
Vice Chairman Gort: Excuse me. Being none, all in favor state by saying "aye.".
The Commission (Collectively): "Aye."
Vice Chairman Gort: Commissioner.
Commissioner Teele: Mr. Chairman, do these appointments stay on until they are
replaced? Is that --
Vice Chairman Gort: My understanding, we change the rules, where we have to
renominate everyone every year.
Commissioner Teele: But renominate -- but the person that's there stays on --
Vice Chairman Gort: Stays on.
Commissioner Teele: -- unless they have been replaced.
Mr. Walter Foeman (City Clerk): That is correct.
Commissioner Teele: OK.
Vice Chairman Gort: Right. That's correct.
88 May 11, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-402
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
PROPERTY AND ASSET REVIEW COMMITTEE FOR TERMS AS
DESIGNATED HEREIN
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
89 May 11, 2000
rA
•
Vice Chairman Gort: Item 26, Waterfront Advisory Board. Commissioner Winton, you
have two appointments.
Commissioner Winton: I'm reappointing John Brennan and Neil McAliley.
Vice Chairman Gort: OK. Commissioner Regalado, two appointments.
Commissioner Regalado: Jack King and Amado Valdez.
Commissioner Regalado: Reappointment.
Vice Chairman Gort: Commissioner Sanchez has two nominations.
Commissioner Sanchez: Robert Parente and Dr. Paul George.
Vice Chairman Gort:.Commissioner Teele, you have two appointments.
Commissioner Teele: Which one --
Commissioner Sanchez: Waterfront.
Vice Chairman Gort: Waterfront Board, item 26.
Commissioner Teele: I'm going to reappoint Ernie Martin as a reappointment. The other
gentleman I'm going to meet with and --
Vice Chairman Gort: OK.
Vice Chairman Gort: OK. I will renominate Jose Comas and Stuart Sorg. There is one
nomination, the Commission at large. The alternate seat is currently held by Gonzalo
Diaz. OK.
Commissioner Regalado: I'll present his renomination.
Vice Chairman Gort: OK. Do I have a motion to accept the nominations?
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved and second. Is there any discussion? Being none,
all in favor state by saying "aye."
90 May 11, 2000
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-403
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING AN INDIVIDUAL AS REGULAR MEMBERS
AND AS AN ALTERNATE MEMBER OF THE WATERFRONT
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: . None.
ABSENT: None.
91 May 11, 2000
Vice Chairman Gort: Thank you. Item 27, International Trade Board.
Commissioner Winton: I have one reappointment.
Vice Chairman Gort: Yes, sir.
Commissioner Winton: Ray Flores.
Vice Chairman Gort: Commissioner Sanchez?
Commissioner Sanchez: Ralph Garcia -Toledo and Bob Rodriguez, reappointments.
Vice Chairman Gort: OK. Commissioner Teele?
Commissioner Teele: I'm going to appoint Dwayne Wynn and I'll have another
appointment later on today.
Vice Chairman Gort: OK. Commissioner Regalado?
Vice Chairman Gort: OK. He had to leave. OK. I nominate Waldo Castro-Molleda,
Julian Linares, and Anselmo Alliegro. Do I have a motion to accept nominations?
Commissioner Sanchez: So moved. Second.
Commissioner Winton: So moved.
Vice Chairman Gort: Moved and second. Any discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-404
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE
INTERNATIONAL TRADE BOARD FOR TERMS AS DESIGNATED
HEREIN.
92 May 11, 2000
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
93 May 11, 2000
Vice Chairman Gort: Item 28, Urban Development Review Board. Commissioner
Winton has one nomination. Commissioner Sanchez has one nomination.
Commissioner Sanchez: Defer at this time, Mr. Chairman.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Do I have to -- I reappointment -- I made my first appointment
last Commission meeting, right? So, do I have to reappointment that person?
Vice Chairman Gort: Yes.
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Winton: So, that's Bernard Zyscovich.
Mr. Foeman: No. No. That person is currently serving. You don't have to
reappointment him.
Commissioner Winton: Oh, he's not due -- OK.
Vice Chairman Gort: OK. So, we don't have any nominations then. All right.
94 May 11, 2000
Vice Chairman Gort: We're now on supplemental agenda, item 1. I don't have anything.
District 2 doesn't have anything. District 3 is Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. The Bayfront Park Management
Trust, as we are all aware, have gone through some difficult times in the last couple of
months. We have basically started the process of reconstructing the trust and putting
trust back to a trust it needed to obtain some trust. We have, in the process of making
many changes, also have put out for an executive director for the park. Thirty-five
people applied for the position. The subcommittee interviewed the two final applicants,
and we selected Mr. Jay Constantz, who is the most qualified. I have provided a copy of
his resume to each and every one of you. He unfortunately could not be here today. He
will be here in front of the board -- Christina, can you come up and say when he's going
to be up here?
Ms. Christina Abrams (Director, Public Facilities): If the Commission appoints him, he'll
be moving to Miami on Saturday. .
Commissioner Sanchez: Yes. He. was also recommended unanimously by the
subcommittee and the trust, and.we have hired him and ask this Commission to approve
his hiring. He's -- his background and his resume clearly states that he is very qualified
for this position. We have basically brought him down from Atlanta. He worked for Fox
news in Atlanta, and we're asking you to support his appointment.
Vice Chairman Gort: Commissioner Sanchez, I think it's your committee went through
the whole process in selecting this individual and your board made a decision. I don't
know if you need Commission confirmation.
Mr. Alejandro Vilarello (City Attorney): Yes.
Vice Chairman Gort: They do?
Vice Chairman Gort: OK.
Commissioner Sanchez: Yes, we do.
Commissioner Teele: Yes, he does.
95 May 11, 2000
Commissioner Sanchez: Absolutely.
Commissioner Winton: So move.
Commissioner Teele: Mr. Chairman, I would be pleased to move it. I would like to just
know if the --
Commissioner Winton: Second.
Commissioner Teele: -- do you -- normally, the directors of these agencies would come
by and at least do a courtesy call, and I would appreciate on record, giving that this has
gone through a community -- citizens committee process, we certainly should defer to
their collective judgment in light of some evidence to the contrary. But I think, as a
matter of courtesy, I'm a little bit concerned that he's already moving, and I think that we,
as a Commission, need to be very careful about how quickly we give up our authority to
confirm and to engage in a collective discussion. If each of us individually agree to
confirm a person, there is no reason to have a meeting. Having said that, any time there
is a citizens committee of the magnitude that the Bayfront Trust is, and given the fact that
they have unanimous agreement on it, I think clearly, we would be irresponsible if we did
not defer to their decision, unless there was some outside reason for why not. So, I'm
very pleased to offer to second or move as I've done, but I really do think that when
somebody says they've already moved, that should be literally a red flag to each of us that
our confirmation process is being compromised and I don't think we should do that
intentionally or unintentionally. That is extremely presumptuous in the context that we
haven't taken ourselves very seriously as a Commission, and I think -- what I'm
suggesting is that we really do need to take these processes a lot more seriously because
it's -- it is a part of our most important duty, and that is to ensure that we have the right
people in the right jobs an not to rubber stamp any decisions that are made. And I
certainly defer and I support the Bayfront Trust. And I know that the Chairman of the
Bayfront Trust has taken his job exceptionally serious, and I commend you,
Commissioner Sanchez, again, for being so serious and diligent about that. But, again, I
just think that the confirmation of the MSEA (Miami Sports & Exhibition Authority)
director is the same thing happened -- I mean, we appointed a person. Nobody asked a
question, et cetera. Then I find out the person doesn't even -- so, I think we need to just
sort of understand that the Commission has certain responsibilities and, in many ways,
much of the problem that's we allow develop in our City resulting in personnel being put
in jobs and not being properly suited or not being properly vetted for these jobs, rest
solely with us, and I just want to be on the record as saying that I'm voting for him, sight
unseen, but I will not vote for a MSEA or a manager or an attorney or a clerk or anybody
without some type of vetting and confirmation process in which that person is going to
have to acknowledge what their vision is and what their intents are. I mean, this guy may
hate manatee for all I know or he may be -- you know. In Atlanta, they don't have a
whole bunch of manatees around. I'd like to know how he feels about manatee, as an
example. So, you get my drift. I think -- I don't think we should be too quick to just
jump every time somebody waives something in front of us and say, you know, OK,
that's fine. I mean, this is a serious process. And I think if we look at what Tallahassee
96 May 11, 2000
does and the Senate, when they have to approve the Governor's appointment -- and think
don't always approve. Ninety-nine point nine percent get approved, but I do think that we
need to take this seriously. We need to take all of this very seriously. And I'm very
distressed about the MSEA thing, and I like, at some point, to check on the confirmation
process of the MSEA director.
Vice Chairman Gort: Commissioner Sanchez and then I'll yield to you. .
Commissioner Sanchez: Mr. Teele, I agree with you on the aspect of
taking it very seriously, and trying to hire the best person for the job.
But, as you know, it's been a very hard task for me going in and -- the
situations that came up at Bayfront Park and having to put together an
excellent groupof people, including Christina Abrams, who I tip my hat
to you. You're such a professional and you have displayed your
professionalism since day one, to keep very important part of our
community, which is Bayfront Park, going. However, we needed to find
someone quickly, but we took our time and we did the process. We did a
background check, which is completed and came back. He is an
exceptional person. The Committee -- every committee that he went to,
you could tell that he was, I strongly believe, more qualified than
anybody, and just the experience that he has is such an asset. We have
selected someone who I have, in the process of interviewing people and
hiring people, this guy has come from Atlanta to come down here. Why
he took the job, knowing that our City has gone through some tough
times? I guess he's one that's willing to accept big challenge. But the
experience that he's gotten -- and I've provided to you his resume -- can
basically -- you know, the figure that he asked for was six figures, and we
brought Him down to eighty-two thousand dollars ($82,000), and it was
just -- we're just pleased to have him. And I know that this Commission
will support the best interest of Bayfront Park.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Mr. Chairman. Commissioner Teele, the -- now
the MSEA executive director you're talking about, we .don't have -- I
mean, we have an acting executive director. We have -- there have been
no changes since I've been on the Commission, anyhow.
Commissioner Teele: Well, it's acting executive director.
Commissioner Winton: Oh, OK. I see. And that was before I got here.
Commissioner Teele: But, I mean -- actings are actings, and you know --
97 May 11, 2000.
Commissioner Winton: Right. And I'm taking your comments to heart
because we are doing -- in fact, we're interviewing finalist candidates
right now for a permanent executive director, and I will see to it that that
finalist, before the, you know, the committee will make its determination,
subject to confirmation of this Commission, and I'll see to it that that
person does visit each and every Commissioner.
Commissioner Teele: Thank you very much.
Vice Chairman Gort: Commissioner Teele, you brought up a good point.
How many of these authorities do we have, that we have to confirm the
executive directors? For example, you have the Miami Parking System;
you have DDA (Downtown Development Authority) --
Mr. Alejandro Vilarello (City Attorney): MSEA.
Vice Chairman Gort: You have the sports authority --
Mr. Vilarello: Bayfront Park.
Vice Chairman Gort: Bayfront Park.
Mr. Vilarello: Are the ones that come to mind immediately.
Vice Chairman Gort: Do we have to confirm those?
Mr. Vilarello: The CRA (Community Redevelopment Agency).
Vice Chairman Gort: The CRA, yes. Each one of them has to be
confirmed by us?
Mr. Carlos Gimenez (City Manager): Confirm the CRA executive --
Mr. Vilarello: By the City Commission, yes.
Vice Chairman Gort: Yes. OK. Thank you. There is a motion. Is there a
second? Any further discussion? Being none, all in favor state by saying
"aye "
The Commission (Collectively): "Aye.
98 May 11, 2000
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-405
A RESOLUTION OF THE MIAMI CITY COMMISSION
CONFIRMING THE BAYFRONT PARK MANAGEMENT
TRUST'S (`BPMT") APPOINTMENT OF JAY CONSTANTZ
AS EXECUTIVE DIRECTOR OF THE BAYFRONT PARK-
MANAGEMENT
ARKMANAGEMENT TRUST TO ACT AS CHIEF EXECUTIVE
OFFICER OF THE BPMT AND BE RESPONSIBLE FOR THE
MANAGEMENT AND OPERATION OF ALL BPMT
PROPERTIES, ACTIVITIES, AND FACILITIES AS
REQUIRED PURSUANT TO SECTION 38-105 OF THE
CODE OF .THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
99 May 11, 2000
CJ
Vice Chairman Gort: That's --
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Ms. Range has just come in. I think .the matter
you're here on, we took care of, I think to your satisfaction, if that's --
Ms. Athalie Range: Well, thank you very much. (Inaudible) appreciate
your --
Vice Chairman Gort: Thank you, ma'am.
Ms. Range: Thank you ever so much.
Vice Chairman Gort: Thank you, ma'am. Thank you.
Commissioner Teele: Mr. Chairman, there is one matter that -- Mr.
Attorney, where is that item?
Mr. Alejandro Vilarello (City Attorney): It's on the supplemental agenda,
item 1.
Commissioner Teele: Are we going to take supplemental today or you
want to come back after lunch?
Vice Chairman Gort: You want to take it now or we can come back at two
thirty.
Commissioner Teele: Well, we don't have five Commissioners. I don't
want to --
Vice Chairman Gort: Regalado is not here, and I would like for him to be
here.
100 May 11, 2000
Commissioner Teele: -- I don't want to mislead -- I mean the press has
been staked out, I guess, part of what they are looking for is a discussion
on that item. Mr. Chairman, at the time the item was prepared; it was my
intent to simply recognize that the outgoing Manager has a contract. I
don't know what that contract is, but I think one of the things that we
should get is a degree of finality and some degree of transparency about
this. I don't want, two months from now, three months from now, to start
arguing about what it is and what it isn't, and what I would like to do is
ask the City Manager and the City Attorney and their departments to work
over the lunch and this afternoon and to come back to us and just lay on
the record what the deal is, what the relationship is. I'm very interested
in knowing how many sick days, how many comp days, how many
vacation days. Because I don't want to get into another witch hunt that,
you know, four tenths of one day, six months ago, that somebody was in
Mexico and, therefore, they shouldn't have been charged for a workday or
something. S.o, I'd like to just get some transparency. Let's try to bring
this to a conclusion. Normally, in a transition period, outgoing executives
are not kicked to the curb. I appreciate very much the dignity, Mr.
Manager that you appear to be showing in this process. I want to
encourage you to allow Mr. Warshaw the opportunity to depart with his
dignity, his head high, packing his items, et cetera, not that this is
Washington. It never will be. And that's probably good. But designees
do not normally sit in the desk of the office of the person that they have
been named to appoint until after confirmation hearing, and, again, that's
a signal about the presumptuousness. In other words, the tradition in
most governmental agencies is that, when you've been designated into an
office, you don't get to move into that office until your confirmation has
been done. Because to move before assumes away the authority of -- in
the case of the Senate or the case of this Commission, our powers, and I
am real pleased to note in the press that you've apparently said, you're in
no interest or no hurry to move into another office, and I think that's the
kind of positive spirit that the Commission needs to see that the
employees and, more importantly, the public needs to see. The bottom
line in this is, I believe that the Manager -- the outgoing .Manager should
be afforded the .use of his fax machine that we have assigned to him; the
cellular phone, and the automobile for a period that's normal. Somewhere
between 60 and 90 days. I don't want to get into a fight about it. If any
Commissioner strongly objects to it -- I assume the Mayor will veto it.
But the Mayor could speak for himself. He has said -- at least I've read or
heard represented that he said that. I just think we need -- we, as a
Commission,. need to show some grace, some dignity to bring the matter to
a conclusion, and I would be proposing, unless there is strong objection,
strong objection, that we afford the out -going Manager 90 days to return
all City property that he may have in his possession, but an inventory of
that property, as well as an inventory of his perks and his rights and a
timetable that he will be paid those things, in the full amount that he
101 May 11, 2000
would be paid, be presented at the close of the Commission meeting
today. The information. And I would so move that, which is the essence
of that item that has been brought forth as a way of trying to have a
smooth departure. I would so move.
Vice Chairman Gort: Do you need a motion?
Commissioner Winton: Commissioner Teele?
Commissioner Teele: You don't need a motion to pay him what he's
entitled to.
Commissioner Sanchez: That's in the contract.
Commissioner Teele: You do need a motion --
Commissioner Sanchez: For the 90 days.
Commissioner Teele: To allow him to have up to 90 days to return all of
his property.
Vice Chairman Gort: OK. It's a motion. Is there a second?
Commissioner Winton: Second for discussion.
Vice Chairman Gort: Second. Discussion.
Commissioner Winton: I would like to take this issue up as soon as we --
the first item upon return from our lunch break, not the last item, at the
end of the day.
Commissioner Teele: I agree. And I think it would be advantageous to
have five Commissioners here.
Commissioner Winton: Right.
Commissioner
Teele:
And
I support that. But the only thing that
I'm
moving is up
to
90
days
on the matters, and further instructing
the
Manager, by
the
end
of
the day today, 'to submit to us all of
the
entitlements and
the
payments that the Manager will be -- . outgoing
Manager will
be
receiving
and the timetable that those payment also
be
made.
Mr. Gimenez: Yes, sir.
102 May 11, 2000
Vice Chairman Gort: OK. There is a motion and a second. Further
discussion?
Commissioner Teele: For discussion. He wants to hold the vote until we
come back, as I understand it.
Commissioner Sanchez: Right.
Vice Chairman Gort: So we have five people? Yes. Oh, is that right?
Vice Chairman Gort: Yes. We should wait until Commissioner Regalado
is here.
Commissioner Winton: OK.
Vice Chairman Gort: Thank you.
Note For The Record: Item S-1 was tabled until the return of Commissioner
Regalado. and/or five Commissioners are present.
103 May 11, 2000
Vice Chairman Gort: All we have left is CDBG (Community Development
Block Grant) at -- I don't presume that that will take more than two hours.
Can we come back at 3:00?
i
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, you do have two
other supplemental agenda items regarding a replat item,' supplemental
agenda 2 and 3.
Vice Chairman Gort: OK. Read them.
Commissioner Sanchez: Two thirty?
Vice Chairman Gort: Two forty-five. Go ahead.
Commissioner Teele: Two forty-five.
Vice Chairman Gort: What's the item, the supplemental agenda?
Mr. Joel E. Maxwell (Assistant City Attorney): You have a plat approval.
That's supplemental item 2.
Commissioner Sanchez: Let's go ahead and handle those now. They're
just two. Quick.
Mr. Maxwell: One, I believe, is being withdrawn.
Vice Chairman Gort: No. I'm doing that'now.
Mr. Michael Wohl: Commissioners, Michael Wohl, Pentacle Housing
Group. Supplemental item number 3 has been withdrawn. It's going to be
handled administratively; so supplemental 2 is the only one before you.
Commissioner Teele: I second -- who moves it?
Commissioner Sanchez: I move it.
Commissioner Teele: Second the motion.
i
104 May 11, 2000
Vice Chairman Gort: Would you read the item?
Mr. Maxwell: It's a resolution:
Commissioner Teele: Just read it into the record.
Commissioner Winton: Is it moved and seconded?
Vice Chairman Gort: Read it into .the record. I don't have that one with
me.
(At this time, Assistant City Attorney Joel Maxwell read the resolution
into the public record.)
Vice Chairman Gort: OK. There is a motion. Is there a second? Is there
a motion?
Commissioner Winton: Second. Second.
Vice Chairman Gort: Is there a motion? Moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Need a second. You can't move and second.
Commissioner Winton: Oh.
Commissioner Winton: I already seconded it.
Vice Chairman Gort: OK. Move and seconded.
105 May 11, 2000
•
The following resolution was introduced by Commissioner Sanchez, who moved its
adoption:
RESOLUTION NO. 00-406
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), ACCEPTING THE : PLAT
ENTITLED WYNWOOD TOWER REPLAT, A SUBDIVISION
IN THE CITY OF MIAMI, SUBJECT TO ALL OF ,THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE,
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; . AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: Discussion?
Commissioner Winton: Yes. Michael, one comment. We've -- it's very,
very important that you get back to the neighborhood, the Wynwood, folks,
particularly, and the Wynwood Advisory Council, and make sure that
you've had a detailed discussion about this project with them.
Mr. Wohl: Please -- if anybody is represented here from that group,, we'd
love to meet with them and allay any fears or problems they may have.
Commissioner Winton: OK. I don't think there is anyone here today, but
there is a concern.
106 May 11, 2000
Mr. Wohl: Your office could give us the name of the head person. We'll
be happy to set up a meeting and discuss it with them.
Commissioner Winton: Yeah, see Gary, and he will -- before you get out
of here, and he'll get you those names.
Mr. Maxwell: Mr. Chairman --
Vice Chairman Gort: OK. Yes.
Mr. Maxwell: Just for the record, if the Public Works director could
indicate .on the record that all requirements for the plat have been
satisfied.
Vice Chairman Gort: Mr. Jackson.
Mr. John Jackson (Acting Director, Public Works): Yes. All --
everything has been satisfied.
Vice Chairman Gort: Name and department.
Mr. Jackson: John Jackson, Acting Director, Public Works Department.
Vice Chairman Gort: Thank' you, sir.
107 May 11, 2000
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I'm advised by memo, as we all are, that the Mayor
has called a call meeting of this Commission for Monday I'm sorry,
Thursday, at 10 a.m. on May 18th, and that memo is being circulated and -
- that memo will be for -- I mean, the Mayor has called a meeting, which
is his power, for the purpose of considering the nomination or the
confirmation of the Manager, and I just think we should take note of that,
an then, if we need to adjust .that date and time and place, we need to
come back and deal with that as we come back from lunch. I'm not saying
it for the purpose of --
Vice Chairman Gort: I don't think I'll be in town on the 18t', so --
Commissioner Teele: I would just ask that we all look at our schedules
and then --
Commissioner Winton: Well, did we finish this --
Mr. Maxwell: Item 3 is withdrawn. Supplemental 3.
Commissioner Teele: He withdrew it.
Vice .Chairman Gort: But we need to vote on item 2.
Mr. Maxwell: Yes, you did.
Vice Chairman Gort: Supplement 2. All in favor state by saying "aye."
Mr. Maxwell: Have you voted?
Vice Chairman Gort: We did have a vote.
The Commission (Collectively): "Aye."
Mr. Wohl: Thank you very much.
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:00 P.M. AND
RECONVENED AT 3:21 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
108 May 11, 2000
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:00 P.M.
AND RECONVENED AT 3:21 P.M., WITH ALL MEMBERS OF THE CITY
COMMISSION FOUND TO BE PRESENT.
Vice Chairman Gort: Good afternoon. We're on the afternoon agenda. My
understanding is, we left off from the supplemental agenda, we left off one item, and then
we go into the CDBG (Community Development Block Grant). Mr. Attorney, on this
City Manager severance pay, could you -- my understanding, we do have a contract.
Mr. Alejandro Vilarello (City Attorney): The City Commission passed a resolution in
September of 1998, Resolution Number 98-883, which provided a severance package in
the event that City Manager Warshaw was terminated from his employment with the
City, unless it was related to a termination -- unless the termination was related to a
particular cause. And cause was defined in two ways; a conviction of a crime by any
federal or state agency or two, committing an act of gross malfeasance. Those were the
two conditions upon which this severance package would not take effect.
Vice Chairman Gort: To your knowledge; has any of those conditions take place?
Mr. Vilarello: Well, certainly, the first condition, I'm not aware of any conviction of
Donald Warshaw or even any charges brought against Donald Warshaw of any crimes.
And then the second provision, of gross malfeasance, and the termination dated April 26,
2000, did not assert any grounds or basis for the termination without cause. So, based on
that, I would say that the provision of the severance package, which was approved by the
City Commission and was subject to the Oversight Board's approval, which also
approved it, the terms of that resolution would take effect upon Warhaw 's termination.
Vice Chairman Gort: Mr. Attorney, what could happen if we were not to deny this?
Mr. Vilarello: With regard to the resolution, Resolution 98-833?
109 May 11, 2000
i
Vice Chairman Gort: Yes.
Mr. Vilarello: That's different than the ones before you, which has additional benefits,
which were not included within the severance package. But the --
Vice Chairman Gort: What's in front of us at this time?
Mr. Vilarello: Well, what's of you is a resolution which authorizes Warshaw to use, for
90 days, a City cell phone, fax machine, vehicle, pager, computer, in addition to the
benefits, which I was referencing in the Resolution 98-833, for 90 days after his
separation of service from the City.
Vice Chairman Gort: Let's separate it to -- I'm talking about the 98-833.
Mr. Vilarello: That resolution, based on the information I have available to me today,
requires the City to pay, if terminated within the first two years of employment, an
amount equal to his highest salary upon separation, together with any accumulated
vacation and sick leave.
Vice Chairman Gort: And that was in according to the contract that was recommended to
us by the Mayor when he was hired or by the administration?
Mr. Vilarello: Yes. This contract, I believe, was unanimously approved and signed by
the Mayor.
Vice Chairman Gort: OK. Thank you. Are there any other questions?
Commissioner Teele: Excuse me, Mr. Chairman. That was not the question. The
question was, who recommended this contract to us?
Mr. Vilarello: The City Commission approved it. I don't recall exactly how it got to the
City Commission. I'm assuming it was negotiated between the Mayor and the Manager
and it was brought --
Commissioner Teele: It was negotiated between the Mayor and the Manager. I mean, I
think it needs to be on the record, and it's in agreement that we have. We have -- we
don't have to take any action. And the motion was not exactly the way it was framed.
The motion was that you all -- you and the -- the Attorney and the Manager would
prepare this document by the end of the meeting today, to advise us as to what it is we --
we don't have to act on this at all, and to give us a timetable whereby the payments would
be made pursuant to this. And just so that it's clear, we're talking about a severance
110 May 11, 2000
0 •
package of a hundred and sixty-two thousand five hundred and four dollars and seventy-
seven cents ($162,504.77).
Mr. Carlos Gimenez (City Manager): Yes, Commissioner, that is correct. And in terms
of when the payment can be made, it can be made within a week.
Mr. Vilarello: And, Commissioner, you mentioned that—
Commissioner Teele: The only issue that was -- that would be acted .upon in the motion
itself is the motion that would grant to the outgoing Manager the use of certain equipment
for -- not to exceed 90 days. That was my motion, which includes cellular phone, faxes,
pagers, automobile, et cetera. And the question has occurred, do we -- that I would like
to amend that to -- subject to the Manager -- the outgoing Manager, agreeing with the
document prepared by the City Attorney, that he would not seek any furtherpayments or
any other litigation against the City of Miami or any officer of the City of Miami. If you
understand what I'm saying?
Mr. Vilarello: Yes, sir, I sure do.
Commissioner Teele: Do you think that's prudent?
Mr. Vilarello: I think it's very -- it's fair and prudent.
Commissioner Teele: So, the amendment would be that the outgoing Manager would
receive this -- these -- subject to the legislative process, providing that he would sign an
agreement, prepared by the Attorney, that there would. be a whole harmless or the right
language that you would design, Mr. Attorney, not filing any lawsuits or actions against
the City of Miami or the -- or any official of the City of Miami, et cetera. Now, I want to
be careful -- because I was made aware, .over lunch today -- and I don't know this is
exactly right, but I think the essence of this is correct -- that there may be some issue that,
in these last minute litigations and filings, that there was an allegation that the
Commission may have violated the Sunshine Law or something. Was that something that
was filed within the last five days?
Mr. Vilarello: I believe on the 8th there was a pleading filed that had some indication to
that effect. Even the allegation though failed on its -- on the basis of the allegation --
Commissioner Teele: But there was an allegation made by Mr. Warshaw --
Mr. Vilarello: And his lawyer, that's right.
Commissioner Teele: -- that this Commission may have violated the Sunshine Law? I
want to state for the record that I have not violated the Sunshine Law with any
Commissioner or any party on be laugh of the City Commission, sand that gives me great
trouble that that -= because I was never advised by you that that allegation was made.
Was I advised by you?
111 May 11, 2000
•
Mr. Vilarello: I did provide your office a copy of the motion. However, Commissioner, I
need to tell you that even on the basis of the clear language of the allegation, it was
obviously put together by someone who failed to understand the Sunshine Law, because
the allegations clearly did not assert a violation of sunshine law.
Commissioner Teele: Yeah. But that's easy for you to say, but the allegations are against
me and four other Commissioners. I mean, I respect what you're saying, but the
allegation was made that there may have been a violation of the Sunshine Law; is that
right?
Mr. Vilarello: Unfortunately, I can't -- anyone can make an allegation; however, it was
far from --
Commissioner Teele: Yeah. But a Manager is not just any person.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: Thank you, Mr. Chairman.
Vice Chairman Gort:
Mr. Vilarello: I did want to address one issue that we hadn't discussed. I'm sorry,
Commissioner, if I may. There is a reference in the resolution that was prepared. It
included also continued legal representation by the City Attorney in matters pertaining to
City business, and there was several questions raised by members of the City
Commission as to exactly what that meant. And I just wanted to make sure that y'all
understood that, to the extent that a City employees is acting within the course an scope
of his employment, and there is litigation that results after they leave, the City would
continue to represent them, so long as that is within. the course and scope of his
employment. If that individual was acting outside the scope of his employment, we
would not represent that individual in any actions against the City. That -- in other
words, this language is -- in the resolution is not necessary and if it was in it, and he was
acting outside is the course and scope of his employment, I would also not be permitted
by Florida law to represent him.
Commissioner Regalado: OK.
Vice Chairman Gort: Any other questions?
Commissioner Regalado: Question. I -- thank you, Mr. Chairman. To understand, Mr.
City Attorney, what we're doing here. One hundred thousand -- one hundred and sixty-
two thousand five hundred and four dollars and seventy-seven cents ($162,504.77) is,
112 May 1.1, 2000
according to you. and the City Manager, Mr. Gimenez, what the City owes to Mr.
Warshaw; is that correct?
Mr. Gimenez: Yes, that's correct, sir.
Commissioner Regalado: And, Mr. City Attorney, did the City Commission -- we know
we approved this, but did we initiate this numbers, these figures, this contract or this was
brought the Mayor appointed Mr. Warshaw?
Mr. Vilarello: I believe it was brought as part of the nomination process to the -- it was
brought to the City Commission for consideration.
Commissioner Regalado: So, we didn't -- we just approved the contract when we
approved the City Manager?
Mr. Vilarello: I believe so.
Commissioner Regalado: If we want to do anything about this, would we end up in
court, as we did when Suarez fired Ed Marquez?
Mr. Vilarello: I do believe the terms of the resolution require the payment of the
separation package. And the reason I said I believe before is because there were several
resolutions related to Donald Warshaw, 98-657, 98-792, and finally, this 98-883.
Commissioner Regalado: Some people are saying, and probably they are misinformed,
on the different radio programs, that the City Commission is about to give Mr. Warshaw
hundreds of thousands of dollars. I mean, what can we do with this? If we don't pay, we
go to court. That's the bottom line, right?
Mr. Vilarello: Given Commissioner, that I don't know what action this Commission is
going to take right now --
Commissioner Teele: It's not in this motion.
Commissioner Sanchez: It's not in the form of a motion.
Commissioner Teele: It's not in my motion.
Commissioner Regalado: I just want to make sure that --
Mr. Vilarello: The terms of the resolution are very specific, and based on the information
that I have available to me right now, it appears that Mr. Warshaw would be entitled to
the separation package.
113 May 11, 2000
Commissioner Regalado: So, my -- I just want to make this clear, that we -- there is
nothing we can do about a hundred and sixty-two thousand five hundred and four dollars
($162,504). That's entitled to the former City Manager.
Mr. Vilarello: Those are clearly requited under 98-883, a resolution.
Commissioner Regalado: OK.
Commissioner Winton: Mr. Chairman.
Vice Chairman Gott: Commissioner Winton.
Commissioner Winton: One question. Commissioner Teele, I think you answered the
question just a second ago, when you said something, but I want to be clear on it. This
prohibition against lawsuits filed by -- apparently, that would be the City Manager --
you're saying that only applies to the resolution, which deals with the material items and
the 90 -day period. It doesn't apply to the whole material and economic package.
Commissioner Sanchez: Correct.
Commissioner Teele: That's correct. The resolution that I'm dealing with
is a non -- it doesn't deal with money.
Commissioner Winton: .Money. OK.
Commissioner Teele: It deals with the use of City assets --
Commissioner Winton: Got it. I'm clear.
Commissioner Teele: -- that are already purchased and already owned and
controlled by the City, beepers, cellular phones, fax machines,
automobile; that for a period not to exceed 90 days.
Commissioner Winton: Thank you.
Commissioner Teele: Subject to the conditions -- and we probably should
put some limitation, by next week, when we have the special meeting, that
document should be signed, Mr. Attorney.
Commissioner Winton: And then one more question. As it relates to the
severance -- the monetary severance package of a hundred and sixty-two
thousand dollars ($162,000), which was --
Commissioner Teele: That's not in my motion.
114 May 11, 2000
Commissioner Winton: Right. But my question is about that, what is the
-- is this Commission required to take any action in this regard at all?
Commissioner Sanchez: No
Commissioner Teele: No.
Commissioner Winton: Not at all? Thank you
Vice Chairman Gort: There is the --
Commissioner Teele: Mr. Chairman, and the only. reason that I brought it
up, Commissioner Winton, I realize that the public has aright to know --
and I think people are going to be shocked to find that this Mayor and this
Commission jointly, by unanimous vote, granted that kind of package, and
I think, with all due respect to the gentleman sitting in the wings, that's
now in the starting block, that this Commission is not going to be willing
to enter into those kinds of agreements. And I think this is the reason
why. Because they are always painful at the end of the day. So, we just
need to put it on the record and not hide because we are -- we committed
the taxpayers to these dollars.
Mayor Carollo: Mr. Vice Chairman.
Vice Chairman Gort: Mr. Mayor.
Mayor Carollo: When all the members of the Commission are finished
speaking, I would like to address this body.
Vice Chairman Gort: OK. Teele, what I'd like to amend your motion to no
more than 90 days. I think the -- we made a change and I think that was
approved by the voters. With any one of us that would lose an election,
would have a period of time where we can go ahead and take out. In the
past, if you loose an election, one night, at 12:00, you had to be out that
same night so the elected individual would be in the next morning, and
that was kind of a rush and that's one of the reasons we did that change in
the -- what I'd like to see, not up to 90 days, I'd like to see up to
discretion of the management -- the Manager that he has stated he will
work with the ongoing Managers to make sure that the transition takes
place. It will be up to his — I'd like to amend it up to the Manager's and
their agreement, instead of putting no more than 90 days.
Commissioner Teele: If that's the will -- I mean, we don't have -- what he
wants to do is, as I understand the Chairman's request, he would like to
115 May 11, 2000
0 9
withdraw the time period and say up to the discretion of the Manager. I
don't have a problem with that. I mean, .I just think that we should be a
part of the graceful closure of this chapter, and I don't ---I'd be very
interested in what the Mayor has to stay, but I certainly accept that as a
friendly amendment and would modify my motion to meet your
requirements or we could vote on yours and I would support it.
Commissioner Sanchez: Which is from 90 days to what?
Vice Chairman Gort: OK. Thank you. Mr. Mayor.
Commissioner Sanchez: From 90 days to what?
Vice Chairman Gort: Up to the discretion of the Manager. He can sit
down and work out how long he needs to --
Commissioner Teele: Eliminate 90 days and say up to the discretion of
the Manager.
Commissioner Winton: So, it could be 60 or 30?
Vice Chairman Gort: 'It could be less than that. Mr. Mayor.
Mayor Carollo: Members of the Commission and the public present, I
came down because I thought it was only appropriate to clarify some of
the misconceptions that might have arised from same of the statements
that were made here. First of all, I think we need to go back into history.
And, unfortunately, like I've said so many times, if we don't learn from
history, history repeats itself. When this Mayor came back in March the
12th, I remember the date because that was my birthday, of `98; I came
back to City government that had gone through numerous City Managers
in four months. I don't know if it was four or five. The City Manager
that I had hired, with the support of three members of this Commission,
that had been here for a year and three days, until he was fired, the City
Manager was the one that truly was responsible for getting this City out of
the financial mess that it was in, that he laid the foundation and finished
the first year that we had found the financial crisis with a surplus, was Ed
Marquez. Mr. Marquez had been fired and when I decided that I could not
work any longer with the person that had been left behind, I was told by
at least two members of this Commission at the time, that I cannot bring
Mr. Marquez back, and that's how I got two votes that made it so that the
final and last firing of that other Manager closed the chapter.on that issue.
Mr. Marquez was an honorable Manager that did more for this City in one
year than just about any Manager that I could think of did in several
116 May 11, 2000
years. He had a contract left of two years. When he took that job, under
the most trying times that this City had been under, he said he would only
take it and leave his job as the finance director of Dade County
government, if he had a three year contract. We agreed to it at the time.
This City decided that they were going to pay him -- I don't remember
what it was exactly. It was pretty close to a quarter of a million dollars
($250,000) of his last two years, so that he would come back. This
Manager was willing, able, wanted to bring him back, but I did not see the
votes based upon what I have been told from this Commission at the time.
The contract that was worked for Mr. Warshaw, I will tell you the
participation that I had in the drafting of that contract. In fact, I will go
on to the record and make it clear how Mr. Warshaw came to be Manager.
It's there in the. record that I extended and extended until, by law, I could
extend Mr. Warshaw as being the interim City Manager any longer, and I
was doing that because I had some gray reservations, if Mr. Warshaw was
going to be a political City Manager or professional City Manager, but the
majority of this Commission felt that he had to be the man that I needed
to name and I could not bring this City, in a very short time again -- or,
frankly, go through myself, in a very short time again, having to fight to
get rid of another Manager. What I didn't know at the time was
everything else that many of us now know. The contract that I worked
with Mr. Warshaw at the time was one that I went point by point by point,
from what Mr. Pedrosa had previously made. There was somewhere in
excess of two hundred and fifty thousand dollars ($250,000), what other
City Managers had made that was more, and we would agree that his total
package, in salary and benefits, would be one that would be two hundred
thousand dollars ($200,000). At no time did I negotiate with Mr.
Warshaw any severance time that he would be paid, if he left earlier.
That came right at the end, and the City Attorney could go back to his
memory, could go back to his notes, and try to figure it out, but that came
afterwards, when at least one former member of this Commission -- I
don't know if there was anyone else -- negotiated that with Mr. Warshaw,
put that in the contract that came before this Commission. I did not
negotiate that aspect of that with Mr. Warshaw. I would suggest, Mr. City
Attorney that you go back and you research that and try to reestablish how
that came about, because that did not come from this Mayor. In fact, I
was quite surprised when this Oversight Board approved that contract
with that time and, in fact, said no to yours, where you didn't get a six
months severance package, which was wrong. Which was wrong. The --
so I wanted to clarify that aspect of it, of how that came about. All that I
negotiated was that the amount of the package, not any severance pay or
time. Statement that was asked by the members of the Commission to the
City Attorney, to the City Manager, and not trying to be confrontational
with the City Manager or the City Attorney. They made the statement
that, yes, a hundred and sixty-two thousand would be owed under that
contract to Mr. Warshaw. Well, gentlemen, you cannot say that that's
117 May 11, 2000 .
what is owed to him because neither the City Attorney, nor the City
Manager -- and correct me if I'm wrong -- have been able to check -to see
if, in fact, the days of vacation, sick time or personal days that Mr.
Warshaw claims that .I owe to him are, in fact, owed to him or not. You're
only going on what he said that he has left. Am I right in that, Mr. City
Attorney? Have you personally checked to verify that?
Mr. Vilarello: I believe the Manager's staff checked it. I don't know
exactly how that was -- I personally checked --
Mayor Carollo: You have not?
Mr. Vilarello: That's correct.
Mayor Carollo: Mr. Manager, have you been able to confirm each of
those days or are you just going on his word?
Mr. Gimenez: No, sir. That was the -- this is the information that I got
from staff and I'm not sure where they got that information. I could check
for you.
Mayor Carollo: OK. Well, that's the point that I'm trying to make.
Everyone is going based on what Mr. Warshaw is saying. There is no
clear verification of that.
Mr. Gimenez: I have a clarification these are the time balances that are in
the system right now.
Mayor Carollo: That those may be the time balances in the system or not
versus what is a reality might be correct. Might be a world of difference
in there. And this is one of the things that this Commission has to
establish into the future, as we move forward, to make sure that when you
have people that are the final bosses, that there is a. clear precise way to
account for time, so that it would be fair to them and it would be fair to
the public, and there is no question of what is really owed or not, and it
would be clear and verifying today. So, these are the points that I wanted
to establish. Last but not least, Mr. Marquez was forced to go through the
course, was he not, when, in fact, in his two years it was very, very clear
that -- in fact, he was fired, there was no cloud of any investigation over
Mr. Marquez. There was no cloud of any other problems over Mr.
Marquez. And, in fact, he was forced to go through the COLA (Cost of
Living Allowance) system to get his two years severance pay. Was that
settled finally out of court or not? I don't remember.
Mr. Vilarello: I recommended to the City Commission a settlement in that
case.
118 May 11, 2000
• 9
Mayor Carollo: Many, many months after. So, what I am saying here is
that the record needed to be clarified on the points that I mentioned.
Furthermore, what you might want to do, Mr. City Attorney, is get An
outside counsel to go over this contract because I personally don't fully
agree with the legal explanation that you have given. I don't think it's
that solid. Particularly, with some of the things that have still hanging
out there in the cloud that Mr. Warshaw has over him, as to whether this
City actually has to pay that full amount or not. It's just like you've done
in some other matters that have related to him, that you suggested to the
Commission and the Mayor get their own counsel. Maybe this is one
matter that, because for all the same reasons that you mentioned before, it
might be wise on the City's behalf to do the same. Last but not least, on
the issue of the 90 days -- because, frankly, what a contract has. is what a
contract has. We. don't need to bring that up again, if that's what a
contract says. The issues that have been brought up have been additional
compensation that I don't think anyone has challenged, that are not in the
contract in any way. At the same time, some additional benefits that he
wants that are part of the resolution. Now, this City has always had and
traditionally has respected a five-day rule for all elected officials. Five-
day rules means that you are given in hand five days before a Commission
meeting, any item that's going to be discussed here. Four members of this
Commission received, at their faxes at City Hall, Friday, at 6:35, the copy
of this resolution. One member and this Mayor didn't even get that sent
to their office Friday, at 6:35, because our names were not in the program.
Somehow, there was a mistake and our names were not in there. All of us
did not receive, in hand, this resolution until Monday, meaning three days
before this meeting, and this is not before us. Now, under the
requirements of our constitution and what we traditionally have respected.
Furthermore, we have some additional legislation that we have placed for
this body to abide by, the anti -deficiency rules, that would have required
the City Manager and the administration to go over anything that would
bring in into question expenses that this City would incur before we
discussed it and, surely, before we discuss it in the form of a pocket item,
which is what this will be now since it is not properly presented to us
before the five days. So, having said that, I would just finalize by saying
that I would respectfully request of this body to invoke the five-day rule
on this matter. Thank you.
Commissioner Regalado: Mr. Mayor?
Mayor Carollo: Yes, sir.
Commissioner Regalado: Do you think it's fair that there are some people
saying that the City Commission is about to give Mr. Warshaw a certain
amount of money? I mean you have clarified the process, but do you
119 May 11, 2000
0 •
think -- I mean, do you think it's fair that out there -- and you know the
environment and the passion -- that the City Commission will be blamed
if we have to pay some of this money?
Mayor Carollo: Mr. Commissioner, I think I have been very clear in
going through the history of what has happened here. I am not blaming
anyone. I think you've heard me clearly explaining what has transpired
through the history of this, to what I recollect to the best of my
knowledge, unless the City Attorney has further information, it was a
former City Commissioner that placed this item in that contract at the end.
I did not negotiate that aspect of it. I saw it in the contract at the last
moment and this is what this Commission voted upon and this Mayor did
not veto it. This is a fact. So, I want to be very clear. I am not seeing
anything on this Commission on what's in the contract. What I've done,
and I think have been very clear, just gone through the history of what has
happened with that. Nothing more. And I mean that, Tomas. That's all
that I've said. I wanted to clarify what was happening. I'm not saying
anything against you or against any member of this Commission.
Commissioner Regalado: Thank you.
Vice Chairman Gort: OK. What's gentlemen 's wish?
Commissioner Winton: I have one question on the agenda item, and that's
the five-day rule. Is it, in fact -- now, I know there has been other agenda,
items that have come up that haven't had a five-day notice, but I'm --
again, I'm the new guy, so I'm not clear on the rules here. Is this --
Mr. Vilarello: This is an agenda item, so it is on the agenda. It is
available for the City Commission to consider. There is a five-day rule
that's often referred to, and that is that -- and it's in the Code -- that any
Commissioner who does not receive the documents supporting an item
that is going to be considered by the body more than five days before the
meeting, that that Commissioner can invoke what's called the five-day
rule, and then the item cannot be heard. In other words, it requires a
unanimous consideration of the City Commission to agree to hear the
item.
Commissioner Winton: So, the fact that it's on the agenda now means --
does that mean that the five-day rule can be invoked or --
Mr. Vilarello: It means it's not a pocket item. The five-day rule is a
different issue, and the -- the five-day rule of the City Commission wishes
to consider it, it can. If any member of the City Commission wishes to
invoke the five-day rule and ask that -- then it would be deferred.
120 May 11, 2000
Commissioner Winton: Thank you.
Vice Chairman Gort: OK. What's the wish of the Commission?
Commissioner Teele: Call the question.
Commissioner Sanchez: There wasn't a second.
Vice Chairman Gort: What are we calling the question on?
Commissioner Sanchez: There wasn't a second on your motion.
Commissioner Teele: There was. We had a motion and a second. We had
a discussion for twenty minutes before we broke.
Mayor Carollo: Can you repeat the --
Vice Chairman Gort: Which motion is this?
Commissioner Teele: Everybody's going crazy. There is- only one motion.
on the floor. The motion is simply to give the items that have been
discussed, allow the possession by the outgoing Manager for up to 90
days. That was amended.
Vice Chairman Gort: No. That was amended.
Commissioner Teele: That was amended, the 90 days. Up to the
discretion of the current Manager and that's it. I mean, that's the whole
issue. And -- I mean, it has no financial implication. There are no anti-
deficiency implications. I respect the Mayor's concern about this, but I
think we ought to turn the page and move on. It's subject to the Mayor's
veto, I would assume, Mr. Attorney, is that right?
Commissioner Sanchez: Correct.
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: Every --
Mr. Vilarello: Yes, then it would be.
Vice Chairman Gort: -- thing we pass here is subject to the Mayor's veto.
121 May 11, 2000
Commissioner Teele: So, I mean, you know, it's obviously got problems
now and -- I would think. I'm not sure I'm reading the Mayor right on
this.
Vice Chairman Gort: At the same time, my understanding, part of the
amendment is, any litigation or suit against any --
Commissioner Teele: But it also includes a clause, I think, that's very
helpful to the City.
Vice Chairman Gort: Right.
Mayor Carollo: I'm sorry, Commissioner.
Commissioner Teele: No. That by the next Thursday, the attorney will
determine whether or not -- because it has a condition to it, and the
condition is that Mr. Warshaw must agree not to sue the City or any
official of the City in the context of this whole controversy.
Mayor Carollo: That is part of the motion that you're including too?
Commissioner Teele: Yes, sir, that's a part of the motion.
Commissioner Sanchez: Yes.
Vice Chairman Gort: Yes.
Mayor Carollo: OK. All right. I just wanted to clarify what the Vice
Chair was saying. And, Tomas, one thing that I apologize that I didn't
mention before. I will be happy -- and I'm not being sarcastic in this -- I
will be happy to go with you and to any radio program that you would like
for me to and explain exactly what happened in all of this. I have no
problem in doing that. Because I --
Commissioner Regalado: No, Mr. Mayor. But I think -- Commissioner
Teele has said that we wanted to turn the page, and, you know, it's about
time that we do that. We have a new Manager now. I have said that on
the record that I support the new Manager, and -- although we haven't
vote on him yet. And it is important that this environment that the City is
the living in is clear, and this is why I asked -- because there are people
who are confused, and who are saying, well, the City Commission does
that. The City Commission didn't do this. The City Commission didn't
122 May 11, 2000
1
support the Mayor or support the Mayor. And it is bad and it's about time
that we move on.
Vice Chairman Gort: Gentlemen, let's take a vote on this. I mean, we
discussed this quite a bit enough. I think it's been proven, beyond any
doubt, that this City Commission has worked and it's going to continue to
work and the staff and the professionals that are there will continue to
provide a service, which is so important for the City of Miami. Call the
question.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Mr. Vilarello: I just want to make sure I get one point clear. The.
benefits package out of Resolution 98-883, what was already provided and
passed `98 --
Vice Chairman Gort: No. Wait a minute.
Mr. Vilarello: -- is independent of this resolution?
Vice Chairman Gort: No, no.
Mr. Vilarello: That resolution is self - executed --
Vice Chairman Gort: That's not my understanding.
Mayor Carollo: Nope, nope.
Vice Chairman Gort: My understanding, it's all one resolution --
Mr. Vilarello: It's part of this?
Vice Chairman Gort: It's part of that. And you have to verify it, all the
numbers in here. This is the numbers you gave us. You have to make
sure you verify all those numbers.
Mayor Carollo: Mr. City Attorney, if I could just say this last thing for
the record. You're an attorney and I think you understand why a
Commissioner, that's also an attorney, has made a motion in the fashion .
that he made it, whether I agree with it or not doesn't matter, but I.
123 May 11, 2000
understand that he's made a motion that's protecting this City. So, I think
you could understand that. And -- in particularly, after the statements
that I had previously made.
Mr. Vilarello: The reason I raise the issue is, in the discussion, I
understood that that provision was taken out of the resolution.
Commissioner Teele: There is nothing in my motion that goes to the issue
of the severance package. The only thing in my motion initially was and
continues to be is that you all would inform us as to what the severance
package issue is. We're not acting on it. It's self -executed.. It's not
contained within the four corners of my motion.
Vice Chairman Gort: Right.
Commissioner Teele: But I think the Mayor's point is very, very
important, and that is, we need to understand that we all need to turn the
page, and the amended motion coming back included, from my part, that
this would be subject to you working out an agreement with the outgoing
Manager that protects the City, that the City, nor no .officer of the City,
nor any office of the .City shall be sued by Mr. -- by the outgoing
Manager.
Mr. Vilarello: Just so the Commission understands. I'm simply going to
provide the Manager a full release. He signs it. He gets his benefit. If
he doesn't sign it, there is not going to be any negotiations on my part.
Commissioner Teele: I understand. Or you would give it to his attorney
and -- but the point is this, you know, no releasee, no car keysee.
Vice Chairman Gort: No ticket, no laundry.
Mayor Carollo: Is that what your fortune cookie said today?
Vice Chairman Gort: And we need to verify --
Mayor Carollo: I didn't get to read yours.
Vice Chairman Gort: We need to verify that numbers that you all put
together, and you have to make sure you verify those numbers. OK.
Mr. Gimenez: Yes, sir, we will.
124 May 11, 2000
E
Vice Chairman Gort: OK. OK. Any further discussion? Being none, all
in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-407
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING DONALD H. WARSHAW THE TRANSITIONAL
USE OF A VEHICLE, CELLULAR TELEPHONE, TELEFAX
MACHINE, PAGER AND COMPUTER COMMENCING FROM THE
DATE OF HIS SEPARATION OF EMPLOYMENT. WITH THE CITY
OF MIAMI AND TO CONTINUE AT THE DISCRETION OF THE
CITY MANAGER; AUTHORIZING CONTINUED LEGAL
REPRESENTATION BY THE CITY ATTORNEY IN MATTERS
PERTAINING TO CITY BUSINESS; AND APPROVING A LETTER
OF COMMENDATION FROM THE CITY COMMISSION FOR
DONALD H. WARSHAW'S YEARS OF SERVICE WITH THE CITY;
SAID AUTHORIZATIONS AND APPROVALS CONTINGENT UPON
THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI, OFFICIALS, OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
125 May 11, 2000
Vice Chairman Gort: Can we go to CDBG (Community Development
Block Grant) now? You all received a documentation and I want to extend
my congratulations to you and your staff for the excellent work that you've
done in putting all these numbers together, and most important, there is a
lot of miss information out there, how the money has been distributed and
how -- and so on. And I think that this book that you have put together,
that shows the percentage and so on -- my understanding is -- I would like,
if this Commission would agree with me, for the sake of clarification, if
you all don't mind, have staff go through this document that they put
together. I read it.
Commissioner Sanchez: You -- Mr. Chairman, before you adjourn the
meeting and move into CDBG --
Vice Chairman Gort: We haven't adjourned the meeting. This is a
continuation of the meeting.
Mr. Vilarello: No.
Commissioner Teele: No.
Vice Chairman Gort: This is a separate meeting? OK. Motion to adjourn.
Commissioner Sanchez: OK.
Commissioner Teele: We have two separate meetings.
Vice Chairman Gort: Motion to adjourn.
Commissioner Sanchez: No, no, no, no, no. I have - we have pocket
items. I have one pocket item.
Commissioner Regalado: I have pocket -- one pocket item.
126 May 11, 2000
Vice Chairman Gort: Pocket items. Go ahead. Go ahead, Mr. Sanchez. Don't go
away. This will go fast.
Commissioner Sanchez: Thank you, Mr. Chairman. Let me just gather my thoughts and my
documents. Presenting a resolution that has no financial impact to the City whatsoever. As a
matter of fact, it helps out. I received a letter, May the 11 th, 2000, from the City Attorney, where it
reads as follows. And I want to read it for the record. "Dear Mayor and Members of the City
Commission, the Elian Gonzalez Ad Hoc Committee met on Wednesday the 10th, 2000, and
directed my staff to prepare this letter to advise you of the following: This committee, which was
created on or about January the 13, 2000, pursuant to Resolution 00-43, has, for several months,
been conducting hearings and taking testimony on both police and civilian witnesses. It has
compiled voluminous amounts of documentary evidence and availed itself to a significant amount
of City resources. It is evident that these effort and labor today have enabled the members to take
into consideration the recent events regarding the removal of Elian Gonzalez, as well as the police
tactics and procedures subsequently employed by the City of Miami Police Department. In our
efforts to minimize the time and expenses already expended by this committee, it has been
respectfully suggested that you consider consolidating these committees with the second committee
most recently created in the aftermath of April the 22nd, 2000. The members strongly believe this
consolidation is warranted in order to avoid their -- being duplicated. They have agreed to, again,
meet on Wednesday, May the 17th, 2000, and would appreciate your response prior to that."
Having said that and put that on the record, as you know, there were two committees that are
basically doing just about the same thing. So, to cut expenses and time and personnel, this
resolution, what it does, it basically consolidates and reconstructs the prior committee presented by
Commissioner Tomas Regalado. So, the resolution reads as follows -- maybe you could read the
resolution, City Attorney.
Mr. Maria Chiaro (Assistant City Attorney): It is a resolution of the Miami City Commission
amending Resolution 00-43, as amended, by Resolution Numbers 00-270 and 00-370 and
Resolution 00-369, forming two Ad Hoc Committees and creating a single seven -member Ad Hoc
Committee, to merge the responsibilities of the committees to investigate and review, one,
community relations between the City of Miami Police Department and the participating
individuals that transpired the week of January 3rd, 2000; and, two, the City of Miami Police
Department and its involvement in the removal of Elian Gonzalez from his Little Havana residence
on April 22, 2000, and the subsequent actions taken by the Miami. Police Department during
citizens' demonstrations from the time of the incident through April 25th, 2000; reallocating all
funds previously allocated to said committees from Special Programs and Accounts to the
committees, until further City Commission consideration of funding, and directing. the City
Manager to present a report to the City Commission as to the total estimated dollar allocations
necessary to cover expenses to be incurred by the Ad Hoc Committee during the execution of its
duties, and present same to the City Commission for its review and consideration.
Vice Chairman Gort: There's a motion.
Commissioner Sanchez: So move.
127 May 11, 2000
Vice Chairman Gort: Second?
Commissioner Winton: Second.
Commissioner Regalado: I'll second, if I can...
Vice Chairman Gort: Discussion.
Commissioner Regalado: As a discussion. I think it's a wise thing to do. I think I jumped on
Commissioner Sanchez and I appointed the same person to both committees because I felt it's the
same thing -- they're doing the same thing. But the problem is that, up to now, that committee has
not received any support from the administration in terms of monies. They cannot use some of the
monies or they were told to buy some videos. They need the videos; they need some clippings; they,
need logistical support to call people. These are people that work and they don't - you know, they
don't get paid. They come here and spend hours and we have not used any resources to advertise
these hearings in terms of letting the people know. So, you know, I would like, Joe, to -- a friendly
amendment, saying that -- you mentioned that resources, but that it's important that resources are
used to support that committee. So, I endorse that. And, by the way, I would like to commend
Chief Martinez for the committee that he's putting on with members of law enforcement agencies. I
think that the input that he's going to get, it will be an asset to this committee. And I hope that
Chief Martinez will give this committee the information that they need. He has committed to that,
but Pm just saying that we really need to use the resources that originally were given to that
committee and that had never been used. So, that -- I don't know if this is an amendment but that's
a comment that we do need to use some resources to support that committee to really do an
investigation.
Mr. Carlos Gimenez (City Manager): Commissioner Regalado, could we get the committee to give
us a list of their needs so that we can at satisfy them?
Commissioner Regalado: Absolutely.
Mr. Gimenez: OK. Thank you.
Commissioner Winton: Well, we authorized money in that second resolution, too.
Commissioner Regalado: But they were told -- and I was here three times -- that there is no funds
-- there were no funds available and that they couldn't...
Commissioner Teele: The resolution authorizes...
Commissioner Winton: But in this second group, it did. The second...
Vice Chairman Gort: They had a resolution that...
Commissioner Winton: The first one didn't, but the second one did authorize twenty-five thousand
128 May 11, 2000
dollars ($25,000).
Vice Chairman Gort: So, when you bring them together, we'll do that. All right. You have a
motion and a second. Any further discussion? Being none, all in favor state by saying "aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 00-408
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 00-43, AS AMENDED BY
RESOLUTION NOS. 00-270 AND 00-370, AND RESOLUTION
NO. 00-369, FORMING TWO AD HOC COMMITTEES, AND
CREATING A SINGLE SEVEN (7) MEMBER AD HOC
COMMITTEE TO MERGE THE RESPONSIBILITIES OF THE
COMMITTEES TO INVESTIGATE AND REVIEW (1)
COMMUNITY RELATIONS BETWEEN THE CITY OF MIAMI
POLICE DEPARTMENT AND THE PARTICIPATING
INDIVIDUALS THAT TRANSPIRED THE WEEK OF
JANUARY 3, 2000, AND (2) THE CITY OF MIAMI POLICE
DEPARTMENT AND ITS INVOLVEMENT IN THE REMOVAL
OF ELIAN GONZALEZ FROM HIS LITTLE HAVANA
RESIDENCE ON APRIL 22, 2000, AND THE SUBSEQUENT
ACTIONS TAKEN BY THE MIAMI POLICE DEPARTMENT
DURING CITIZENS' DEMONSTRATIONS FROM THE TIME
OF THE INCIDENT THROUGH APRIL 25, 2000;
AUTHORIZING THE ALLOCATION OF ALL FUNDS
PREVIOUSLY ALLOCATED TO SAID COMMITTEES FROM
SPECIAL PROGRAMS AND ACCOUNTS TO THE NEWLY
RESTRUCTURED AD HOC COMMITTEE UNTIL FURTHER
CITY COMMISSION CONSIDERATION OF FUNDING; AND
DIRECTING THE CITY MANAGER TO PRESENT A REPORT
TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED
DOLLAR ALLOCATIONS NECESSARY TO. COVER
EXPENSES TO BE INCURRED BY THE AD HOC COMMITTEE
DURING THE EXECUTION OF ITS DUTIES AND PRESENT
SAME TO THE CITY COMMISSION FOR ITS REVIEW AND
CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
129 May 11, 2000
E
r:
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
130 May 11, 2000
Vice Chairman Gort: At this time, I'd like to recognize the Mayor of City
of Tallahassee. I understand we have a visitor. At the same time, he's a
President of the Florida League of Cities, Scott Maddox. Thank you for
being here.
(Applause).
Mr. Scott Maddox: Thank you, Commissioners, Mr. Chairman. It is my
pleasure to be here, and I'm from Miami. So, I come back home to check
on my hometown now and then. If there is ever anything I could do to
help y'all in Tallahassee, Commissioner Teele's hometown, let me know.
Commissioner Winton: I bet you don't have meetings as exciting as ours.
Mr. Maddox: You're right. I'm pretty thankful of it, too.
Vice Chairman Gort: But see, what happens is, we train people here in
Miami that anywhere they go, it's easy. No problem.
Mr. Maddox: It's easy after that. Easy after that. Thank y'all for having
me.
Vice Chairman Gort: It's a pleasure to have you with us.
Mr. Maddox: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I mean, if he's from Tallahassee and I know his
family and know him real well, if he could stick around a minute, I think
the Chairman -- we ought to be able to beg the Mayor to give us -- send
something down here that's fitting and proper for a distinguished Mayor to
visit. If he could just hold for a minute there, Scott, I would ask the
Chairman to present something to him so he can go back with some
Florida sunshine in this City.
Vice Chairman Gort: (Inaudible). OK. Thank you Mayor Maddox.
131 May 11, 2000
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I have a pocket item, with no economic impact.
As you all know, the Latin Chamber of Commerce has sponsored for many
years every Christmas a basket give away. They are organizing a
fundraiser to help in that drive for next Christmas, and they need to place
some banners in some areas of the City. Public Works told them that the
only way to do it was that the City will co-sponsor -- the event. So, I am
requesting in this pocket item to -- for the City to co-sponsor the event so
they can. place their banners -- this will not be a cost -- at any cost to the
City or the Public Works. Is that correct, the way -- John?
Vice Chairman Gort: Commissioner Regalado, I'd like to amend that also.
We should have plenty of expertise, especially in that area around the
Chamber of Commerce, that we also suggest it to the Off -Street Parking.
They have been very good at that and they have the trucks with the
buckets. They could be very helpful, too.
Commissioner Regalado: That is correct. If we co-sponsor, they can
place their banners, right?
Mr. John Jackson (Acting Director, Public Works): Yes, Commissioner,
that's correct.
Commissioner Regalado: OK. That would be an amendment to go to the
Off -Street Parking.
Vice Chairman Gort: OK.
Commissioner Winton: Second.
Commissioner Teele: Second the motion.
Vice Chairman Gort: It's been moved and second.
Commissioner Teele: Mr. Chairman, I want to just say that the basket
give -a -way is something that the citizens -- this past year, I gave my
baskets -- what happens is, they give us an allocation, I think, of five
baskets. I gave all of mine to a school in the inner City, Overtown, St..
Francis, I believe. But I just want to make the point that when I was on
132 May 11, 2000
the County Commission and here in the City, they've always done this in
all of the communities, the white community, the black community, and
they distributed them through elected officials, as far as Opa Locka, and I
just think it should be -- you know, we're always talking about how we,
don't work together. Maybe it's only Christmas, but I -- you do that for
Christmas, so I want to be on board and support.
Commissioner Regalado: OK.
Vice Chairman Gort: Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its
adoption:
RESOLUTION NO. 00-409
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY'S CO-SPONSORSHIP WITH
THE LATIN CHAMBER OF COMMERCE ("CAMACOL"),
OF THE LATIN CHAMBER OF COMMERCE CONCERT
SERIES, A SERIES OF EVENTS TO BE HELD OVER AN
EIGHTEEN MONTH PERIOD TO RAISE FUNDS TO
PROVIDE ASSISTANCE FOR UNDERPRIVILEGED
INDIVIDUALS IN THE COMMUNITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None
ABSENT: None.
Vice Chairman Gort: Thank you.
133 May 11, 2000
Vice Chairman Gort: My understanding is, we can continue and call the
special meeting now. We should all -- we're going to be dealing --
Commissioner Teele: Mr. Chairman, if I may?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Mr. Chairman, I have a resolution, at the request of
the officers of the Police Department. A resolution of the City of Miami
Commission authorizing the funding to sponsor the fifteenth national
conference on preventing of crime in the black community in the amount
of ten thousand dollars ($10,000) and allocating funds from the Law
Enforcement Trust Fund; such expenditures have been approved by the
Chief of Police as complying with the U.S. Department of Treasury 's
Guidelines to Equitable Sharing and Florida Statute 932.705, as amended..
And this item has the enthusiastic support of a number of the units of the
Police Department, and they are going -- how many people are we going
to have from all over the country here?
Mr. Raul Martinez (Chief of Police): Raul Martinez, Chief of Police.
Approximately three thousand people are expected. It will be held in the
City of Miami.
Commissioner Teele: And I just want to commend you for bringing all
these people here to our City. I would so move.
Commissioner Sanchez: Second.
Vice Chairman Gort: Motion, second. Any discussion? Being none, all in
favor state by saying "aye."
The Commission (Collectively): "Aye."
134 May 11, 2000
0
0
The following resolution was introduced by Commissioner Teele, who moved.its
adoption:
RESOLUTION NO. 00-410
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE FUNDING TO SPONSOR THE 15TH
NATIONAL CONFERENCE ON PREVENTING CRIME IN
THE BLACK COMMUNITY, IN THE AMOUNT OF $10,000,
AND ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURES
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS
COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING," AND
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
135 May 11, 2000
Vice Chairman Gort: Can we get Mayor Maddox back before we go into
the special meeting? Is there any other pocket items to bring.-- that we'll
close this -- we'll go into the special hearing? Special committee meeting
on the Department of Community Development. Mr. Mayor. Mr. Mayor,
we want you to put this in your office and you make sure, when people
come to see you, and they tell you what a good job you're doing, you tell
them you have all your experience here in the City of Miami.
Mr. Scott Maddox: I will do it
Chairman.
(Applause).
Thank you, sir. Thank you, Mr.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE .THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 4:15 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Sylvia Lowman
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
136
(SEAL)
May 11, 2000
9
Commissioner Teele: Mr. Chairman?
Ms. Warren: Thank you.
Ms. Hill: I object.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Ms. Hill: I'm standing here.
Commissioner Teele: I have two items relating to this. Mr. Chairman,
I'm going to pass around for you to look at -- right here. What I'm
passing around is something that may look a little silly in a way, even
though it's outdated, but on all of the City projects and City property,
where the County participates in funding, the -- there is a signage that is
done with Community Development dollars. I am proposing a resolution
of the City Commission directing the City Manager to establish and
implement a policy, as a condition of contractual agreements with the City
or any entity, receiving funds in an amount of twenty-five thousand
dollars ($25,000) from the City, including all federal and state funds
administered by the City, shall be required to provide signage identifying
and relating to the entities program of project and acknowledging the
contributions of the City by incorporating the seal and the names of the
officials and the administration of the City of Miami on all documents,
literature, pamphlets, and advertising signage, either permanent or
otherwise. The intent is, is that when the City of Miami does these
capital projects, that it will be designated as a City of Miami project.
There are at least two projects that we have more money than the County
has and their signage is up. I mean, they require it. This is plagiarized
from the County pretty much. We don't require it. We've never required
it. And it just simply says there will be a sign sort of equal to what --
because our taxpayers and our citizens need to know that we're doing the
business of the City and sometimes we may have 80 percent. The
County's got 20 percent, but they have a sign and we don't. I think it may
sound a little but it really is necessary. And I would so move.
272 May 11, 2000
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: And if you notice the name -- the top name in this
list, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-430
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER TO ESTABLISH AND
IMPLEMENT A POLICY WHEREBY AS A CONDITION OF
ITS CONTRACTUAL AGREEMENT WITH THE CITY OF
MIAMI, ANY ENTITY RECEIVING FUNDS, IN AN
AMOUNT EXCEEDING $25,000, FROM THE CITY OF
MIAMI, INCLUDING ALL FEDERAL AND STATE FUNDS
ADMINISTERED BY THE CITY OF MIAMI, SUCH AS BUT
NOT LIMITED TO HOME INVESTMENT PARTNERSHIP
("HOME"), STATE HOUSING INITIATIVES PARTNERSHIP
("SHIP"), HOUSING OPPORTUNITIES FOR PERSON WITH
AIDS ("HOPWA") AND COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS, SHALL (1) BE
REQUIRED TO THE ENTITY'S PROGRAM OR PROJECT,
AND (2) ACKNOWLEDGE THE CONTRIBUTION OF THE
CITY OF MIAMI BY INCORPORATING THE SEAL OF THE
CITY AND THE NAMES OF THE OFFICIALS AND
ADMINISTRATION OF THE CITY OF MIAMI IN AND ON
ALL DOCUMENTS, LITERATURE, PAMPHLETS,
ADVERTISEMENTS, AND SIGNAGE, EITHER
PERMANENT OR OTHERWISE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
273 May 11, 2000
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
274 May 11, 2000
Commissioner Teele: Mr. Chairman, I would also move a resolution
requesting that the Manager and his appropriate staff, working with the
community based organizations that are involved, in the City cemetery,
that you initiate steps and report back to this Commission the feasibility
of purchasing land located adjacent to the historic City cemetery for the
expansion of such City cemetery. This is asking you to make a report, but
to work with the various community organizations that are involved in
cleaning it up and maintaining it, to determine the feasibility of annexing
land, and I would so move.
Commissioner Regalado: Second.
Vice Chairman Gort: Second. Discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
RESOLUTION NO. 00-431
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY MANAGER TO CONDUCT A
STUDY TO DETERMINE THE FEASIBILITY OF
PURCHASING LAND FOR THE EXPANSION OF THE
HISTORIC CITY CEMETERY, AND, TO INCLUDE AS
PART OF THE STUDY, INPUT FROM INTERESTED
COMMUNITY ORGANIZATIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
275 May 11, 2000
6 0
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
276 May 11, 2000
Commissioner Teele: Mr. Chairman, finally, I'm going to ask that the
City Attorney prepare an ordinance relating to the use of the Internet or
the web site of the City for the purposes of the agenda, and to work with
the Manager and the Clerk so that the agendas are posed. We can avoid a
lot of these discussions and dialogues. We should be there and we'd like
to try to get that back as soon as possible, but it's time we moved ahead.
Because a lot of this stuff about people not getting distribution is really a
function of that, and I would specifically ask that the Clerk report back to
us on the use of a similar technology that the County now has in place
called the alleged star system, which, I think, most of us are well aware
of, as to whether or not -- you asked to do that, I think, back in October at
the budget.
Mr. Walter Foeman (City Clerk): Yes, I was.
Commissioner Teele: And I would like to get that report within the next
30 days, with the management.
Mr. Foeman: OK.
Mr. Carlos Gimenez (City Manager): Commissioner, ,I'm informed that the
agenda is on our web site.
277 May 11, 2000
Commissioner Teele: OK. Well, we need to make sure that it's done
timely. In other words, we need postings that are done within four hours
from the time it's released. In other words, if you posting if we have a
five-day rule and something goes up, we ought to be able to get it
accommodated within the five-day rule, if it's released. And that's what
I'm talking about.
Mr. Gimenez: I've been told that it -- that's the way it is, that you've got
five days.
Commissioner Teele: OK. Well, let's make sure that the supplemental
agendas are also reflected. Thank you.
Vice Chairman Gort: One of the things that I'd like to see in the -- 9 is the
different departments explaining their functions, like they do right here.
At the same time, this is a program that could be retaped and it could be
done on time. At the same time, whenever there is going to be any
opening for CDBG (Community Development Block Grant) applications,
to put it on NET 9 and explain, so everybody can see it, what is the
process, what they need and the documentation that they need because a
lot of people -- and when we reject someone, I think you should send them
a letter or a memo, which I'm sure you do, why they are being rejected.
Thank you. You all have a good evening.
Commissioner Teele: Mr. Chairman, finally.
Vice Chairman Gort: Yes, sir.
Commissioner Teele: You all are going to return at the next meeting on
the funding recommendations by categories, is that correct.
Ms. Gwendolyn Warren (Director, Community Development): On the
25th.
Commissioner Teele: On the 25TH. And that's going to be a public
notice?
Ms. Warren: It will --
Commissioner Teele: It has --
278 May 11, 2000
0
Ms. Warren: Yes, it will be a public --
Commissioner Teele: Would you also --
Ms. Warren: It will be a part of the agenda (inaudible).
Commissioner Teele: Would you also provide a public notice, in the
press, of the Word of Life, ten thousand dollar ($10,000) glitch so that we
can determine whether or not the Commission is going to allocate that in
the next meeting, please?
Ms. Warren: Yes, sir.
Commissioner Teele: Thank you.
Vice Chairman Gort: There is a special meeting on the 18th.
Commissioner Teele: Mr. Chairman, the special meeting, how are you
handling that?
Vice Chairman Gort: Nine thirty in the morning?
Commissioner Teele: Nine thirty?
Vice Chairman Gort: The Mayor's memo says 10.
279 May 11, 2000
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:29 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Sylvia Lowman
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
280 May 11, 2000